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ZHANG HONG LI V DBS BANK - PART 2 – DETAILED ANALYSIS OF THE MUCH AWAITED COURT OF FINAL APPEAL DECISION HANDED DOWN
Following on from our earlier blog posting where we reported on the background of Zhang Hong Li v DBS Bank and others and the Hong Kong Court of Final …
TRUSTEES TAKE COMFORT – HIGH COURT UPHOLDS BROAD SCOPE OF EXONERATION CLAUSES
Summary Trustees often seek to limit their liability in the form of exoneration clauses in trust deeds. As such, it is generally difficult for a …
Zhang Hong Li v DBS Bank - Much awaited Hong Kong Court of Final Appeal decision on anti-Bartlett clauses handed down
Earlier today, the Hong Kong Court of Final Appeal handed down judgment in Zhang Hong Li v DBS Bank and others a case which has been the cause of …
When will the courts find it necessary to imply terms into agreements?
The English High Court in Lehman Brothers International (Europe) (In Administration) v Exotix Partners LLP [2019] EWHC 2380 (Ch) found it necessary …
"Outmoded" parallel schemes of arrangement and a red flag on restructuring costs in Hong Kong
The Court of First Instance has recently helpfully summarised the legal position on schemes of arrangement under both Hong Kong law and English law. …
Recent judgments in the UK consider Quincecare duty of care relevant to deposit holding financial institutions processing payment mandates
The UK Supreme Court has recently upheld a claim for breach of the so-called Quincecare duty of care, which requires a financial institution to refrain …
CICC delivers first ruling, confirms arbitration agreements severable
The First International Commercial Court of the Supreme People’s Court of China (“CICC“) has recently published its first …
Privilege lost after cherry-picking: an undesired outcome of an employer's tactical decision to waive privilege
The UK Employment Appeal Tribunal (EAT) recently ordered an employer to disclose its external lawyer's comments in relation to the dismissal of an …
HONG KONG HIGH COURT REVERTS DEPARTURE FROM GENERAL RULE ON COSTS IN DISPUTE BETWEEN BROTHERS
Background In Chan Chi Wai v Chan Sau Wah [2019] HKCFI 1662 an application was made to vary a costs order nisi granted by the …
Test for rectifying terms of written contract for common mistake: England and Wales considers subjective while Hong Kong remains objective
In an important recent decision (FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd [2019] EWCA Civ 1361), the English Court of Appeal …
Hong Kong courts clarify legal rules surrounding suitability and capacity of next friends
Next friends act on behalf of parties in legal proceedings who are not able to act …
MALAYSIA’S HIGH COURT ALLOWS JUDICIAL INQUIRY OF DAMAGES FOR A WRONGFULLY GRANTED COURT-ORDERED INJUNCTION WITHOUT AWAITING THE OUTCOME OF THE ARBITRATION
In Jaks Island Circle Sdn Bhd v Star Media Group Bhd and Another (Originating Summons No. WA-24C(ARB)-11-02/2018), the Malaysian High Court …
Showing 12 out of 55 results
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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
