Jurisdiction

Forum Election, Forum Non Conveniens and the Singapore International Commercial Courts

In its recent decision in Rappo v. Accent Delight International Ltd and another [2017] SGCA 27, the Singapore Court of Appeal considered the distinction and relationship between the doctrines of forum election and forum non conveniens.  Notably, the Court also … Continue reading

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Filed under Jurisdiction, South East Asia

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 Government announces consultation on Hague Convention of the Recognition and Enforcement of Foreign Judgments

The Department of Justice in Hong Kong has this week released a Consultation Paper on the 2016 Preliminary Draft Convention on the Recognition and Enforcement of Foreign Judgments (the "Draft Convention"). The Draft Convention sets out criteria for the Courts … Continue reading

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Filed under Enforcement, Hong Kong, Jurisdiction

Hague Convention on Choice of Courts comes into operation in Singapore

The Hague Convention on Choice of Court Agreements (Hague Convention) officially came into force on 1 October 2016 and there are currently 30 signatory states, including all members of the European Union and Mexico.  As we have previously reported, Singapore … Continue reading

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Filed under Announcements, Enforcement, Jurisdiction, South East Asia

Recognition of foreign insolvencies at common law: Singapore sets COMI precedent

For the first time, a court has adopted the ‘centre of main interest’ (COMI) as grounds at common law to recognise foreign insolvency proceedings. The decision earlier this year by the High Court of Singapore (the Court) recognised a Japanese … Continue reading

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Filed under Insolvency, Jurisdiction, South East Asia

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

Singapore takes steps toward ratifying Hague Convention on Choice of Court Agreements

In our previous article, we discussed Singapore's signing of the Hague Convention on Choice of Court Agreements (the Convention) on 25 March 2015 and the likely effect this would have on the Singapore International Commercial Court (SICC) and Singapore's profile as … Continue reading

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Filed under Enforcement, Jurisdiction, South East Asia

Trends in choice of governing law & jurisdiction in cross-border transactions in Asia: Singapore Academy of Law publishes study

On 10 January 2016, the Singapore Academy of Law (SAL) published the results of its study on preferences for the choice of governing law and jurisdiction made by those involved in cross-border transactions "in Singapore and the region" (the Study).  The … Continue reading

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Filed under Arbitration, Jurisdiction, South East Asia

Hong Kong Court of Final Appeal clarifies the law in respect of shareholders’ petitions to wind up foreign companies on just and equitable grounds

In its landmark decision of Kam Leung Sui Kwan v Kam Kwan Lai & Ors FACV 4/2015, issued yesterday, the Court of Final Appeal has brought some closure to the long running Yung Kee restaurant matter by making a winding … Continue reading

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Filed under Hong Kong, Insolvency, Jurisdiction, Private wealth and trusts

SPC clarifies jurisdiction issues arising from the CIETAC split

On 15 July 2015, the Supreme People’s Court in China (the “SPC“) issued a binding judicial interpretation on how lower courts are to handle various issues arising out of the CIETAC split (the “SPC Reply“). The interpretation responded to requests … Continue reading

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Filed under Arbitration, China, Jurisdiction