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Breach of warranty in Hong Kong: in theory and in practice - Leung Yuet Ping v Manulife

Edwards Wildman Palmer LLP
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Hong Kong
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September 3 2009

Where an insured fails to provide his insurer with accurate information at the time of taking out an insurance policy, Hong Kong law provides the insurer with a number of potential remedies, including the right to avoid the contract, and possibly to claim damages, for misrepresentation

SFC secures injunctions to freeze overseas assets

Norton Rose LLP
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Hong Kong
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September 8 2009

Following the Court of Appeal's confirmation in May 2009 of the SFC's powers under section 213 of the Securities and Futures Ordinance, the regulator has successfully obtained a number of injunctions to prevent the dissipation of assets in on-going insider dealing and market manipulation investigations

Court of first instance considers the scope of sovereign immunity and rules that an agreement to arbitrate does not amount to a waiver of immunity from enforcement

Herbert Smith Freehills LLP
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Hong Kong
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February 20 2009

The Hong Kong court considered the scope of the 'commercial transaction' exception to sovereign immunity, finding that payments to the Democratic Republic of Congo (DRC) in consideration for the grant of a licence to exploit the DRC's mineral rights were sovereign (as opposed to commercial) in nature and were therefore immune from execution (i.e. enforcement

NAKED appeal

McDermott Will & Emery
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Hong Kong
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June 1 2009

In Creative Resources LLC’s Application (No 300765009) (Court of First Instance, Hong Kong High Court 2009, the Hong Kong High Court overturned the decision of the Trade Marks Registry that NAKED was descriptive for condoms

Enforcement of Hong Kong commercial judgments in Mainland China (and vice versa) - almost there

Herbert Smith Freehills LLP
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China, Hong Kong
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April 24 2008

The Hong Kong legislature last night passed the Mainland Judgments (Reciprocal Enforcement) Bill

Dunhill claims victory over imitated mark

Wilkinson & Grist
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Hong Kong
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June 10 2009

On 12th March 2009 the registrar of trademarks declared invalid a registration for the trademark DEERLU in Class 25 obtained by French Dunhill Clothing & Accessories Limited, a Hong Kong limited liability company, following an application for a declaration of invalidity filed by Alfred Dunhill Limited

Award partially set aside

Herbert Smith Freehills LLP
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Hong Kong
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June 3 2009

In the second recent Hong Kong decision on this topic, Lam J partially set aside an award rendered by a distinguished tribunal sitting in an international arbitration in Hong Kong

Unmeritorious attempt to resist enforcement penalised by indemnity costs order

Herbert Smith Freehills LLP
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Hong Kong
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June 3 2009

In the first of two recent decisions relating to the enforcement or challenge of arbitration awards (the second is discussed below), the Hong Kong High Court has cautioned parties against mounting unmeritorious challenges to arbitration awards

Li challenges court ruling on PCCW deal

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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Hong Kong
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May 15 2009

Reversing his earlier stance, PCCW Chairman Richard Li launched a legal challenge this week against a recent Hong Kong court ruling that blocked the proposed privatization of PCCW

Compelled evidence allowed in insider dealing tribunal proceedings

Herbert Smith Freehills LLP
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Hong Kong
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March 21 2008

Two important judgments have been published this week which, together, significantly reduce the scope for successful appeals of the Insider Dealing Tribunal's previous findings of insider dealing

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Search results

Breach of warranty in Hong Kong: in theory and in practice - Leung Yuet Ping v Manulife

SFC secures injunctions to freeze overseas assets

Court of first instance considers the scope of sovereign immunity and rules that an agreement to arbitrate does not amount to a waiver of immunity from enforcement

NAKED appeal

Enforcement of Hong Kong commercial judgments in Mainland China (and vice versa) - almost there

Dunhill claims victory over imitated mark

Award partially set aside

Unmeritorious attempt to resist enforcement penalised by indemnity costs order

Li challenges court ruling on PCCW deal

Compelled evidence allowed in insider dealing tribunal proceedings

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