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Misselling: a global perspective

Clifford Chance LLP
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France, Germany, Hong Kong, Italy, Netherlands, Singapore, United Kingdom, USA
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April 25 2013

Turbulent economic conditions and heightened levels of media, political and regulatory interest in banks' dealings with consumers are leading

International mediation guide

Clifford Chance LLP
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Belgium, Brazil, China, Czech Republic, European Union, France, Germany, Hong Kong, Italy, Japan, Luxembourg, Morocco, Netherlands, Poland, Qatar, Romania, Russia, Singapore, Slovakia, Spain, Turkey, Ukraine, United Arab Emirates, United Kingdom, USA
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March 27 2013

We have compiled this Mediation Guide with a view to providing a better understanding Of the differences between jurisdictions in respect of

SFC's attempt to obtain final freezing orders against offshore hedge fund's asset fails

Clifford Chance LLP
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Hong Kong
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June 24 2011

Just over two weeks ago, we reported that Hong Kong's securities regulator, the Securities and Futures Commission (SFC) had argued in Hong Kong's High Court that the SFC has a freestanding and broad power when dealing with market misconduct offences to obtain final orders from the High Court freezing the assets of a New York-based hedge fund, Tiger Asia Management LLC (Tiger Asia), worth HK$38.5 million, without the SFC first having brought either civil proceedings before the Market Misconduct Tribunal (MMT) or criminal proceedings

Securities and Futures Appeal Tribunal - landmark court of appeal decision

Clifford Chance LLP
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Hong Kong
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June 16 2011

In a landmark decision, the Court of Appeal unanimously overturned the practice that the Securities and Futures Appeal Tribunal (the SFAT) has adopted since 2003 in only proceeding on the basis that it has a limited role in reviewing Securities and Futures Commission (the SFC) decisions which are appealed to the SFAT

Offshore hedge fund applies to strike out SFC's application to freeze its assets in Hong Kong's High Court

Clifford Chance LLP
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Hong Kong
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June 16 2011

A two-day hearing has just concluded in Hong Kong's High Court in which the securities regulator, the Securities and Futures Commission (SFC), has argued that under section 213 of the Securities and Futures Ordinance (SFO), the SFC has a freestanding and broad power when dealing with market misconduct offences to make final orders freezing the assets of a New York-based hedge fund, Tiger Asia Management, worth HK$38.5 million and to prevent it from operating in Hong Kong

Hong Kong court ruled in favour of a taxpayer on its offshore claim

Clifford Chance LLP
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Hong Kong
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May 12 2011

The Court of First Instance has recently delivered a judgment in favour of Li & Fung (Trading) Limited (LFT) in its tax dispute with the Inland Revenue

Two years on from the civil justice reform: reducing delay in litigation and facilitating out-of-court settlements

Clifford Chance LLP
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Hong Kong
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May 9 2011

The 2nd of April 2011 marked the two year anniversary of the substantial statutory reform to the practice and procedure of the Hong Kong Court system: the so-called "Civil Justice Reform" (CJR

Shenanigans in Shangri-La? Hong Kong courts refuse to enforce mainland China arbitral award

Clifford Chance LLP
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Hong Kong
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April 29 2011

In a recent decision the Hong Kong Court of First Instance refused to enforce a mainland arbitral award on public policy grounds

SFAT awards costs against the SFC

Clifford Chance LLP
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Hong Kong
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March 29 2011

In a recent decision by the Securities and Futures Appeal Tribunal (SFAT) in respect of an application for costs, SFAT No. 2 of 2010, the SFAT has determined that the applicant should be compensated by an award of costs in his favour against the Securities and Futures Commission (SFC), where the SFAT found, on an application for a review of the penalty (not findings of misconduct) that the SFC's proposed penalty was manifestly excessive, and the application was therefore successful

Court of Final Appeal reduces the scope of SFC freezing orders

Clifford Chance LLP
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Hong Kong
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December 13 2010

The Securities and Futures Commission's (SFC) high-profile enforcement campaign against insider dealing and other market misconduct has recently included the use of its statutory right under section 213 of the Securities and Futures Ordinance (SFO) to apply to freeze the alleged proceeds

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