Hong Kong SFC broadens powers to tackle insider dealing, but puts on hold other proposed measures following industry feedback

In June 2022, the Hong Kong Securities and Futures Commission (SFC) proposed a number of sweeping enforcement-related reforms which would have, among others, significantly enhanced the SFC’s ability to obtain investor compensation orders against regulated persons who had committed wrongdoing if enacted (please refer to our June 2022 briefing). Read more

Hong Kong arbitration success fee regime fully in force

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

Hong Kong Mediation Lecture 2022

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

Hong Kong Court of Appeal rules on landmark case regarding escalation clauses

Herbert Smith Freehills has secured an important judgment from the Hong Kong Court of Appeal, C v D [2022] HKCA 729, regarding escalation clauses – contractual provisions which require negotiation or mediation before either party can begin formal proceedings. These clauses are intended to promote the efficient resolution of disputes, but often lead to costly … Read more

Singapore extends third-party funding framework to SICC proceedings and domestic arbitrations

From 28 June 2021, Singapore will permit third-party funding of proceedings in the Singapore International Commercial Court (SICC), domestic arbitration proceedings and related mediation proceedings. Before this, Singapore permitted third-party funding for international arbitration proceedings and related court and mediation proceedings only (as reported in our blog post of January 2017). In making these changes, … Read more

NEW PROCEDURAL RIGHTS AS INDONESIA-SINGAPORE BIT COMES INTO FORCE

Since Indonesia announced its intention to terminate and replace “all of its 67 bilateral investment treaties” (BITs) in 2014, the State has actively re-negotiated several BITs. Starting with some of its largest trading partners in the region, Indonesia signed new BITs with Singapore in 2018 and Australia in 2019. On 9 March 2021, the Agreement … Read more

LATEST EDITION OF ASIA PACIFIC DISPUTE RESOLUTION GUIDE NOW AVAILABLE

Disruption, downturn and recovery tend to generate more disputes – and in Asia Pacific cross-jurisdiction operations and investments increase that risk. Our 2021 Guide to Dispute Resolution in Asia Pacific is your roadmap to potential problems in these fast-changing times, especially for those new to the region’s complex legal landscape. From the basics of each … Read more