HONG KONG’S FUNDING LAW NOW IN FORCE

Hong Kong’s long-awaited legislation permitting third parties to fund arbitrations and related proceedings takes effect today. As heralded in our earlier posts, this is a widely welcomed development in one of the world’s leading arbitral seats, and is expected to generate considerable activity. If you have questions on the new law, funders’ Code of Practice, … Read more

HERBERT SMITH FREEHILLS CONTRIBUTES TO LEADING PUBLICATION ON LITIGATION FUNDING

Hong Kong has recently seen a flurry of legislative activity in relation to third-party funding. The long anticipated law allows third parties to fund arbitrations seated in Hong Kong including related court and mediation proceedings, as well as work done in Hong Kong for arbitrations seated elsewhere. These legislative changes will come into force on … Read more

CROSS-BORDER LITIGATION: INTERNATIONAL PERSPECTIVES

We are pleased to release the third issue of our periodic publication “Cross-Border Litigation”, designed to highlight legal and practical issues specific to litigation with an international aspect. Tapping into the expertise of the firm’s leading commercial litigators across the globe, the publication gives readers the benefit of their hands-on experience and flags key developments … Read more

Hong Kong allows third party funding for arbitration and mediation

Hong Kong's Legislative Council has passed a law allowing third parties to fund arbitrations seated in the territory, as well as work done in Hong Kong for arbitrations seated elsewhere, and for mediations. This development has been long anticipated, and will be widely welcomed by Hong Kong's thriving arbitration community, which views it as essential to … Read more

Hong Kong Court considers commercial character of funder in context of assessing commercial funding arrangements for companies in liquidation

The case of Re Company A-E [2015] HCMP 2019/2015 demonstrates that the Court will take a practical approach in determining whether a funding arrangement infringes upon the common law rules against maintenance and champerty. The Court will consider commercial factors, such as the underlying rationale for the funding arrangement and the commercial character of the … Read more

The power behind the throne: costs orders against a non-party

The making of costs orders against a witness (who was not a party to the proceedings) was considered by the Hong Kong Court in To Pui Kui, the Administratrix of the Estate of Ng Po Sum, Deceased v Ng Oi Che and Others.  Such orders are rare, one reason being that witnesses should be able … Read more

Class Actions 2013/2014 – Developments and Trends

Herbert Smith Freehills has recently published the Class Actions Developments and Trends report 2013/2014. Damian Grave, Ken Adams and Jason Betts provide a review of the past year and consider possible trends for 2014 for Australia, amongst other jurisdictions, while Peter Godwin and Gareth Thomas provide an update of the recent developments in Tokyo and Hong Kong.  … Read more