Herbert Smith Freehills’ ADR in Asia Pacific Guide available online

We are pleased to launch online our ADR in Asia Pacific Guide. Please click here to download a copy. This guide builds on a publication we launched earlier this year. We focus on mediation in Hong Kong and distil the results of an exclusive client survey involving personal interviews and voting via a bespoke HSF App. … Read more

The growth of hybrid dispute resolution processes in Asia – Singapore and the Arb-med-Arb protocol

Herbert Smith Freehills Senior Associate Emmanuel Chua has published an article titled "The growth of hybrid dispute resolution processes in Asia – Singapore and the Arb-med-Arb protocol" in CIArb Malaysia, newsletter of the Chartered Institute of Arbitrators Malaysia Branch. This article provides an informative summary and looks at the advantages of the Arb-Med-Arb protocol, which … Read more

Launch of landmark global conference series on the future of dispute resolution

Herbert Smith Freehills is pleased to announce the launch of The Global Pound Conference (GPC) Series 2016-17. The aim of this ambitious worldwide conference series is to build a global conversation about the current landscape of civil and commercial dispute resolution and how dispute resolution tools and institutions should respond to the needs of 21st century business.  In particular, it … Read more

Sorry seems to be the hardest word

The Hong Kong Department of Justice’s Steering Committee on Mediation recently published a consultation paper reviewing the legal implications of offering apologies in the context of disputes. They recommend enacting legislation to encourage disputing parties to apologise without fear of incurring legal liability. The aim is to enhance the chances of early settlement and thus … Read more

Hong Kong court imposes adverse costs order against a party who unreasonably refused to mediate

The District Court’s judgment in Wu Yim Kwong Kingwind v Manhood Development Limited (24/07/2015, DCCJ 3839/2012) offers a salutary reminder of the importance of considering and attempting Alternative Dispute Resolution (ADR) in the context of ongoing litigation proceedings. Pursuant to procedural rules, a party who unreasonably refuses to attempt mediation could face an adverse costs … Read more

Out of time: Singapore Court of Appeal upholds decision of adjudicator to reject Adjudication Response filed 2 minutes late

The Singapore Court of Appeal (“CoA“) has delivered its judgment in Citiwall Safety Glass Pte Ltd v Mansource Interior Pte Ltd [2015] SGCA 42.  Overturning the High Court’s decision, the CoA held that the time limits applicable in statutory adjudication under the Building and Construction Industry Security of Payment Act (“SOPA“) are incredibly strict.  The … Read more

Australia: Mediation in shareholder class actions – article published

Mediation can be a useful tool in shareholder class actions as in other types of litigation. There are a number of obvious advantages to defendant corporations in particular: minimising legal costs, reducing further publicity and impact on share price, and avoiding the considerable distraction to the business of defending the class action to trial. However, there are certain issues and risks … Read more

Firm scores nomination in FT Asia-Pacific Innovative Lawyers Awards

Herbert Smith Freehills’ Alternative Dispute Resolution Asia Guide, produced by the Hong Kong disputes practice has been shortlisted for the “Innovation in the Use of Technology” award by the Financial Times. Award winners will be announced at a cocktail reception and dinner this evening in Hong Kong. As previously reported (Herbert Smith Freehills publishes client research on … Read more