HONG KONG: COURT GRANTS ANTI-SUIT INJUNCTION TO RESTRAIN FOREIGN PROCEEDINGS IN BREACH OF AN ARBITRATION AGREEMENT UNDER AN INSURANCE POLICY

In the recent case of AIG Insurance Hong Kong Ltd v Lynn McCullough and William McCullough [2019] HKCFI 1649, the Hong Kong Court of First Instance (CFI) considered the effect of an arbitration agreement under an insurance policy and, in particular, the circumstances in which an anti-suit injunction may be granted to restrain a party … Read more

New independent Insurance Authority holds first meeting

The newly established independent Insurance Authority (IIA) held its first meeting last Friday, 29 January 2016. The meeting was attended by its Chairman, Dr Moses Cheng Mo-chi, and six out of the seven other non-executive directors appointed in late 20151. According to the government press release issued on 29 January 2016, the matters discussed and … Read more

New guide to the Independent Insurance Authority in Hong Kong launched

Hong Kong is about to establish a unified insurance regulatory regime under the auspices of a new body, to be named the 'Insurance Authority'. The creation and set up of an independent insurance authority is regarded by the Hong Kong Government as the most important regulatory reform in the insurance sector since the passage of … 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

UK Court of Appeal confirms the legality of basis clauses

In Genesis Housing Association Limited v Liberty Syndicate Management Limited and others [2013] EWCA Civ 1173 the Court of Appeal upheld the first instance decision of Mr Justice Akenhead and confirmed the legality of basis clauses. A basis clause is a provision set out in the proposal form or in the insurance contract itself, to … Read more

The Hong Kong Government refines its key legislative proposals on the establishment of an Independent Insurance Authority after consultation

On 26 June 2013 the Government published the consultation conclusions on its key legislative proposals for the establishment of an independent Insurance Authority (IIA).  The establishment of the IIA and the provision for a new statutory licensing regime for insurance intermediaries are described by the Government as “the most significant reform initiative for the insurance … Read more