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

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 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

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

On 17 March 2022, the Shanghai Maritime Court of PRC (the “SMC“) issued a milestone ruling ((2018) Hu 72 Xie Wai Ren No.1) with the approval by the Supreme People’s Court of the PRC (the “SPC“), allowing for the recognition and enforcement of an English Court judgment based on the principle of reciprocity for the … Read more

Hong Kong has officially published a Bill that would allow lawyers to agree outcome-based fees for arbitration work in the territory. If, as expected, the Bill passes into law later this year, it will allow lawyers in and outside Hong Kong to agree fees based on their clients’ success in the arbitration. This is a sea-change for … Read more

Ahead of the city-wide compulsory universal testing planned for later this month, and following the announcements by the Hong Kong Government to put in place employment laws that permit no jab, no job policies and sick leave for employees subject to mandatory testing, quarantine or isolation, (covered in our previous alert), the Employment (Amendment) Bill … Read more