China

The role of mediation in the resolution of belt and road disputes

China’s Belt and Road Initiative (BRI) has gained huge momentum of late, with governments, companies and lawyers keen to maximise the many opportunities it presents. The resolution of disputes arising from the BRI is no exception. The sheer complexity and … Continue reading

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Filed under ADR, China, South East Asia

China proposes dedicated “Belt and Road” court

Supreme People’s Court Monitor has published a highly informative article on proposals by the SPC relating to China’s “Belt and Road” initiative.  These include establishing a dedicated court, along the lines of the Singapore International Commercial Court, to hear Belt … Continue reading

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Filed under Announcements, China

PRC signs the Hague Convention on Choice of Court Agreements: a step forward in the resolution of cross-border litigation

On 12 September 2017, the People’s Republic of China (PRC) signed the Hague Convention on Choice of Court Agreements (Convention).  The Convention, in force since 1 October 2015, seeks to provide certainty in cross-border litigation by allowing parties to choose … Continue reading

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Filed under Announcements, China, Hong Kong, Jurisdiction

Chinese Court recognises a US commercial judgment for the first time based on principle of reciprocity

On 30 June 2017, the Wuhan Intermediate People’s Court (Wuhan Court) handed down a decision recognising and enforcing a civil judgment of the Los Angeles Superior Court in California, USA (the “Wuhan Decision“) based on the principle of reciprocity. This … Continue reading

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Filed under China, Enforcement, Jurisdiction

Arrangement on mutual taking of evidence between Hong Kong and Mainland

The Arrangement on Mutual Taking of Evidence in Civil and Commercial Matters between the Courts of the Mainland and Hong Kong (Arrangement) recently came into force on 1 March 2017, announced by the Department of Justice.  The Arrangement is introduced … Continue reading

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Filed under Announcements, China, Evidence, Hong Kong

PRC court recognises and enforces a Singapore High Court judgment based on reciprocity principle

The Nanjing Intermediate People's Court in Jiangsu Province, China ("Nanjing Court") recently issued a ruling recognising and enforcing a default judgment granted by the High Court of Singapore ("Singapore Judgment") based on the reciprocity principle. Although permitted under the PRC … Continue reading

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Filed under China, Enforcement

Hong Kong Court of Final Appeal finds no breach of comity in granting Mareva injunction to protect a foreign claim for breach of an exclusive jurisdiction clause

In the case of Compania Sud Americana de Vapores S.A. v Hin-Pro International Logistics Limited (FACV 1/2016), the Court of Final Appeal (CFA) overturned the Court of Appeal's (CA) decision and reinstated a Mareva injunction granted in support of proceedings … Continue reading

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Filed under China, Hong Kong, Interim applications, Jurisdiction

Hong Kong SFC confirms enforcement priorities and approach following strategic review

In its recently relaunched Enforcement Reporter newsletter (see first issue), the Securities and Futures Commission (SFC) has confirmed that corporate fraud and misfeasance, anti-money laundering, Growth Enterprise Market companies and multiple intra-group failings are issues high on its agenda and … Continue reading

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Filed under China, Corporate, Enforcement, Financial Services Regulation, Hong Kong, Investigation and compliance

Guide to Dispute Resolution in Africa: 2nd edition

Herbert Smith Freehills has published an updated second edition of our Guide to Dispute Resolution in Africa, a publication summarising the key dispute resolution procedures and trends in each of Africa's 54 diverse jurisdictions. In the light of the recent growth in China, India and Japan's business interests in … Continue reading

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Filed under Announcements, China, Japan

Herbert Smith Freehills launches latest Guide to “Dispute Resolution in Asia Pacific”

Please click here to preview this publication. As a result of a rise in global economic activities around the region, Asia is experiencing the inevitable increase in commercial and investment disputes, both litigation and arbitration, with a multi-jurisdictional dimension. Our … Continue reading

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Filed under ADR, Announcements, Arbitration, China, Class actions, Disclosure, Enforcement, Evidence, Hong Kong, Interim applications, Japan, Jurisdiction, Korea, South East Asia