“Asia Disputes Notes” is Herbert Smith Freehills’ Asia blog where clients will find the latest developments on disputes related topics from across the Asian region. The blog covers topics relating to litigation, arbitration, ADR, regulatory investigations, compliance and sanctions.
Articles: 1-10 of 181
English High Court blocks derivative action against shell’s directors from climate-change activist shareholder
Hong Kong, United Kingdom - June 1 2023 Recently, we see a significant uptick in ESG litigations in different parts of the world. Together with this trend came activists’ attempts to make…
Hong Kong Court of Appeal provides certainty on bar against reflective loss
Hong Kong - May 19 2023 On 21 April 2023, the Hong Kong Court of Appeal (CA) released its judgment Power Securities Co Ltd v Sin Kwok Lam [2023] HKCA 594, which provided…
Clearing up the cloud? Perhaps partly, as the Court of Final Appeal affirms the approach to dismissing bankruptcy proceedings in favour of the parties’ agreed forum
Hong Kong - May 10 2023 If a debt arises from a contract that contains an exclusive jurisdiction clause (EJC) in favour of a foreign court, how will the Hong Kong court deal…
Business as Usual: Hong Kong Court of Appeal endorses the use of letters of no consent
Hong Kong - May 5 2023 The Court of Appeal recently overturned the Court of First Instance decision in Tam Sze Leung & Ors v Commissioner of Police [2023] HKCA 537 that the…
Malaysian High Court implies additional duties for experts
Malaysia - April 21 2023 For the first time, the Malaysian High Court has found that party-appointed experts owe implied duties to the court. It is well-established that…
Hong Kong Court of Final Appeal clarifies a bank’s liability for transferring customer funds in breach of its quincecare duty of care before unauthorised closure of the account
Hong Kong - April 3 2023 In PT Asuransi Tugu Pratama Indonesia TBK (formerly known as PT Tugu Pratama Indonesia) v Citibank N.A. [2023] HKCFA 3, the Hong Kong Court of Final…
Beyond statutory enforcement: Malaysia’s apex court dismisses a common law action for enforcement of foreign judgment due to failure to adduce the foreign judgment
Malaysia - March 28 2023 There is a simple, but fundamental, difference between a statutory enforcement under Reciprocal Enforcement of Judgments Act 1958 (“REJA”) and a…
Asia Employment, Pensions and Incentives Update: December 2022
China, Hong Kong, Indonesia, Singapore, Thailand - December 30 2022 The December update covers the following: An update on the draft law to regulate remote working in Thailand. See here for an overview of the proposed…
Asia Employment, Pensions and Incentives Update: November 2022
China, Hong Kong, India, Indonesia, Philippines, Singapore, Thailand - December 8 2022 An update on the new Digital Personal Data Protection Bill, 2022 in India. As the name suggests, the bill only covers processing of digital personal…
Generic reliance on PRC-Hong Kong enforcement arrangements insufficient to oppose liability for security for costs
China, Hong Kong - October 11 2022 In Du Guorong v Bank of China International Limited and BOCI Securities Limited [2022] HKCFI 2777, the Hong Kong Court of First Instance offered its…
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