Getting paid: A new bill to streamline construction disputes in Thailand

29 July, 2022
Construction disputes between contractors and employers in Thailand can take years to be resolved in court or arbitration. This can result in construction work being delayed and sometimes abandoned, and contractors facing financial difficulties. In response, Thailand is considering the introduction of a draft bill titled “Act on the Settlement of Disputes regarding Payment in … Read more

Herbert Smith Freehills successfully strike out a HK$3 billion fraudulent trading claim commenced against an IPO sponsor in breach of mandatory procedural rules

26 July, 2022
Last week, the Hong Kong Court struck out a fraudulent trading claim brought by the liquidators (the “Liquidators“) of China Metal Recycling (Holdings) Limited (“China Metal“) against one of its sponsors (the “Sponsor“) on the ground that it was brought as a High Court Writ action (the “Action“), in breach of the mandatory statutory requirement … Read more

COMI is first port of call – a modified framework for recognising foreign insolvency proceedings in Hong Kong

25 July, 2022
Historically, the common law has only recognised foreign insolvency proceedings commenced in the jurisdiction in which the company is incorporated. This may no longer be the case in Hong Kong. Going forward, a Hong Kong court will now recognise foreign insolvency proceedings in the jurisdiction of the company’s “centre of main interests” (COMI). Indeed, it … Read more

Future of Consumer APAC: Advertising and online trends in China

25 July, 2022
Cathy Liu shares some recommendations for brands doing business in China following the latest online promotion and advertising trends, beginning with tightening regulation of the booming livestreaming and KOLs (influencers) industry, underlining the importance of honest representation (including account profile, audience comments and video settings) and a crack-down on false claims in advertising. Geopolitical tensions … Read more

Malaysia: Directors beware – indemnity in a company’s constitution is not foolproof

29 June, 2022
The constitution (formerly known as articles of association) of companies in Malaysia generally contains an indemnity provision in favour of directors, indemnifying them against liabilities (for example, associated legal fees and financial costs) incurred by the directors in defending legal suits by third parties where judgement has been given in their favour in respect of … Read more

Hong Kong Securities and Futures Commission seeks to bolster investor compensation remedies as part of a package of enforcement-related reforms

24 June, 2022
The Hong Kong Securities and Futures Commission’s (SFC) proposal for sweeping enforcement-related reforms would significantly impact the regulatory landscape in Hong Kong.  If the proposals are adopted as drafted, firms and individuals will need to prepare themselves for the more aggressive enforcement action and potentially greater financial consequences. Our detailed e-bulletin on the proposed reform … Read more