Hong Kong Court finds exhibiting documents referring to without prejudice correspondence may amount to waiver

Without prejudice (“WP”) privilege protects a party’s genuine attempt to settle a dispute by preventing communications made in that connection from being admitted as evidence in court. However, WP privilege may sometimes be inadvertently waived and lost by parties. It is well established that openly disclosing WP materials will result in loss of the privilege, … Read more

New Mainland-Hong Kong arrangement for reciprocal enforcement of civil and commercial judgments comes into effect today

With the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and HKSAR (the “Arrangement”) coming into effective today, a new era in cross-border judicial cooperation between Mainland China and Hong Kong has begun. Please see here for our previous blog post discussing the key … Read more

A new chapter of mutual recognition and enforcement of judgments between Mainland and Hong Kong: Hong Kong sets a date to implement the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap. 645)

Introduction and legislative history Recently, on 10 November 2023, the Hong Kong Government announced that the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap. 645) (the “Ordinance”) will become effective on 29 January 2024. This marks a new chapter for mutual recognition and enforcement of judgments in Mainland and Hong Kong. The … Read more

SINGAPORE COURT OF APPEAL DECISION HIGHLIGHTS THE IMPORTANCE OF ACCURATE INTERNAL SANCTIONS ASSESSMENTS IN CONTRACTUAL RISK MANAGEMENT

If an internally maintained sanctions list returns red flags, but the entity is not on an official sanctions list, is that sufficient to justify activating a sanctions clause to deny payment to that party? What considerations should financial institutions take into account when managing risk in dealing with sanctioned, or potentially sanctioned, entities? These are … Read more