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There is a simple, but fundamental, difference between a statutory enforcement under Reciprocal Enforcement of Judgments Act 1958 (“REJA”) and a common law action. REJA covers cases where a judgment creditor wants to enforce a decision from a jurisdiction which enforces Malaysian court judgments (the so called ‘reciprocity’). When REJA applies, the foreign judgment can … Read more
We are very proud to announce that Seoul-based partner Mike McClure has been appointed King’s Counsel (KC) in England and Wales. Mike will be the fourth KC currently practising at Herbert Smith Freehills, joining Paula Hodges KC, Simon Chapman KC and Chris Parker KC. Home-grown talent, Mike McClure joined Herbert Smith’s international arbitration group in … Read more
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 changes. In Hong Kong, the Court of Appeal recently confirmed that standby days are not rest days; employees on standby must still be granted proper rest days even if they don’t end up … Read more
The holiday season is soon approaching and excitement is bubbling with many in Hong Kong planning to travel and celebrate with loved ones. Many employers are putting in place logistical arrangements and coordinating work cover over the holidays which involve putting employees on standby to work if needed – read on for our discussion about … Read more
Lawyers can now offer success-based fee arrangements for work in Hong Kong on arbitrations and related proceedings. On 16 December 2022, Hong Kong enacted the outstanding sections of Part 10B Arbitration Ordinance, together with sub-legislation to regulate the new agreements. As a result, Hong Kong now boasts one of the world’s broadest legal success fee … Read more
The November update covers the following: 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 data. Consider the implications of the bill on employee data here. in Mainland China, we take a look at some examples of non-compete clauses which have been held to … Read more
Please join us at the Herbert Smith Freehills-SMU Asian Arbitration Lecture on Wednesday, 23 November 2022, 5:00 PM. This year’s lecture will be presented by Prof. Dr. Diane Desierto on the subject of “Human Rights, Environmental and Climate Change Law in the Substance and Procedure of International Arbitration“. Inter-State, investor-state and commercial arbitration in recent years has increasingly … Read more
We are pleased to announce that the annual Hong Kong Mediation Lecture will take place in hybrid format on Wednesday 9th November during Hong Kong Legal Week 2022. Co-organised with the Hong Kong Department of Justice, keynote speaker, The Honourable Mr Justice Johnson Lam Man-hon, Permanent Judge of the Hong Kong Court of Final Appeal will … Read more
The October update covers the following: an update on equal employment regulations in the PRC, including the recent circular addressing discrimination against employees who recovered from COVID-19. Read the update here. in Singapore, the High Court in Kallivalap Praveen Nair v Glaxosmithkline Consumer Healthcare Pte Ltd [2022] SGHC 261 dismissed an employee’s breach of contract claim relating to his loss … Read more
