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The Veil Stays Down: Singapore Court of Appeal Declines to Apply Argentine Law to Lift a Singapore Company's Corporate Veil
The concept of separate legal personality and limited liability is the bedrock of company law. When a Singapore limited liability company enters into a …
The Hong Kong Court of Appeal extends Re Guy Lam approach to cross-claims subject to arbitration agreement
In Re Simplicity & Vogue Retailing (HK) Co Ltd [2024] HKCA 299 (Simplicity; which we blogged about here), the Court of Appeal confirmed that the …
Hong Kong Court confirms need for wrongfulness or impropriety for the Quincecare duty of care to be engaged
The Hong Kong Court of First Instance has confirmed that, absent facts suggesting there is a real possibility that a transaction might be wrongful or …
Navigating the crossroads between arbitration and insolvency proceedings: the Hong Kong Court of Appeal applies Guy Lam principles in a winding up case involving an arbitration clause
Can a creditor obtain a winding up order against a debtor company if the underlying dispute over the debt is subject to an arbitration agreement between …
The final say: Consent for the "letter of no consent" regime
After more than three years of litigation, the decision of the Hong Kong Court of Final Appeal (CFA) in Tam Sze Leung & Ors v Commissioner of Police …
Herbert Smith Freehills successfully acts for the Petitioner in a Court of Appeal case examining the role of arbitration clauses in winding up proceedings
Herbert Smith Freehills secured another victory for the Petitioner in the high-profile Court of Appeal case Simplicity & Vogue Retailing (HK) Co., …
Hong Kong Court grants order for payment into court amidst risk of secondary sanctions
In Bright Shipping Limited v Changhong Group (HK) Limited [2024] HKCFI 821, the Hong Kong Court ordered a defendant who had failed to satisfy a number of …
Hong Kong Court finds exhibiting documents referring to without prejudice correspondence may amount to waiver
Without prejudice ("WP”) privilege protects a party's genuine attempt to settle a dispute by preventing communications made in that connection from being …
Singapore Court recognises Indonesian PKPU proceedings for the first time
In a move that facilitates the seamless integration of cross-border insolvency proceedings between Singapore and Indonesia, Singapore's International …
Who has the burden of proving / disproving remoteness in negligence cases?
In the recent decision of Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6, the UK Supreme Court examined where the burden of …
New Mainland-Hong Kong arrangement for reciprocal enforcement of civil and commercial judgments comes into effect today
With the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and HKSAR (the …
A new chapter of mutual recognition and enforcement of judgments between Mainland and Hong Kong: Hong Kong sets a date to implement the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap. 645)
Introduction and legislative history Recently, on 10 November 2023, the Hong Kong Government announced that the Mainland Judgments in Civil and …
Showing 24 out of 780 results
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Simon Chapman KC
Partner, Regional Head of Practice - Dispute Resolution, Asia, Global Co-Head of International Arbitration, Hong Kong
