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English & Hong Kong Courts refuse to infer common law duty of care in mis-selling claims involving non-advisory contracts
An English Court of Appeal case heard recently confirmed that the English courts will be unwilling to infer a common law duty into non-advisory contracts …
Contract may be made in more than one country for purposes of establishing jurisdiction
The English High Court has held that a claimant had a good arguable case that a contract was made in both England and Texas and that this was sufficient …
Indonesian First Instance Court rules that contracts written in English language are void
The West Jakarta District Court ruled recently that an Indonesian law governed loan agreement between an Indonesian borrower and a foreign lender was …
Hong Kong Court upholds exclusive jurisdiction clause in favour of PRC Court
The choice of exclusive jurisdiction in favour of either Hong Kong or the PRC courts in a contract may enable litigants to take benefit from the …
UK Court of Appeal confirms the legality of basis clauses
In Genesis Housing Association Limited v Liberty Syndicate Management Limited and others [2013] EWCA Civ 1173 the Court of Appeal upheld the first …
Hong Kong High Court considers reasonableness of restrictive covenant
In Pure International (HK) Ltd v Lo Yan Chan Kenneth [2013] HKEC 1092 the Court of First Instance considered the validity of a six-month restriction …
Hong Kong Court of Final Appeal provides clarification on when a document may be rectified for mutual or unilateral mistake
In Kowloon Development Finance Limited v Pendex Industries Limited & Ors [2013] HKEC 704 Lord Hoffmann NPJ took the opportunity to clarify the …
The Hong Kong Court of First Instance rules on whether the "no reflective loss" principle applies to a shareholder's claim brought under a personal guarantee
In the recent case of Suen Kwai Kam v Zhong Hua International Holdings Ltd and others [2013] HKEC 457 the Hong Kong Court of First Instance (CFI) held …
Singapore courts confirm their "zero-tolerance" policy in respect of agreements that have an illegal object
In a judgment handed down on 3 May 2013, the Singapore High Court confirmed that it will not allow a plaintiff to enforce rights under an agreement which …
The Year of the Dragon – a litigator's review of key cases and developments
As the Year of the Dragon draws to a close we summarise in this e-bulletin some key cases and developments which are likely to be of interest to clients. …
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Key contacts
Simon Chapman KC
Managing Partner, Dispute Resolution and Global Co-Head – International Arbitration, Hong Kong
Kathryn Sanger
Partner, Head of China and Japan, Dispute Resolution, Co-Head of Private Capital, Asia, Hong Kong
