On 2 August 2019, the Wenzhou Intermediate People’s Court of Zhejiang Province (Wenzhou Court) issued the Civil Ruling (2017) Zhe 03 Xie Wai Ren No. 7 (the Wenzhou Court Ruling) to recognise Judgement No. S139/2012 (Judgment) rendered by the Singapore High Court (Singapore Court) on 15 February 2013 (Oceanside Development Group Ltd. v. Chen Tongkao … Read more
In Industrial and Commercial Bank of China (Asia) Limited v Wisdom Top International Limited [2020] HKCFI 322, the Hong Kong Court of First Instance considered whether an asymmetric jurisdiction clause (AJC) would be regarded as an exclusive jurisdiction clause under the Mainland Judgments (Reciprocal Enforcement) Ordinance (Ordinance). Read more
In Hong Ziyun v Chan Kwan Ming [2019] HKCFI 2125, the Court of First Instance considered the relevant jurisdiction applicable to a host of related loan documents where only one of the documents contained an express jurisdiction clause (in favour of the court of Xiamen in Mainland China). The defendants applied for a stay of … Read more
In Re A Civil Matter Now Pending in United States District Court for the Western District of Washington [2019] HKCFI 1738 , the Hong Kong Court of First Instance rejected two letters of request (the “LORs“) from the Washington Federal Court seeking to compel two distressed debt investors to give evidence. The general principle is … Read more
Click here for a sneak preview With the launch of this new Guide, our market-leading litigation team has wrapped up a three-year project during which it produced eight issues of the Contract Disputes Practical Guide series for Hong Kong, an initiative that has been hugely popular with clients in the territory. We have also … Read more
As the number of cross-border disputes increase, it is becoming more common for parties to wish to enforce a court judgment issued in one jurisdiction in another jurisdiction. In April 2019, Singapore’s Ministry of Law issued a public consultation paper on proposed amendments to Singapore’s regime for recognising and enforcing foreign judgments. Read more
In天津市裕豐隆資產管理有限公司 v Ho Kin Wa and Another, HCA 2405/2014 (unrep., 8 March 2019), the Hong Kong Court of First Instance exercised its discretion to stay the Plaintiff’s claim against the 1st Defendant (D1). In arriving at its conclusion, the Court considered (i) whether D1 had waived the right to dispute the jurisdiction of the Hong … Read more
In the case of Wang Qian Wei v 郭文雨 & 郭小琼 [2018] HKCFI 2253, the 1st Defendant (a judgment debtor) opposed the Plaintiff’s (the judgment creditor) application to register a judgment of the Intermediate People’s Court of Xiamen (the Mainland Judgment) pursuant to the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap 597) (the Ordinance). The 1st … Read more
In Rakna Arakshaka Lanka Ltd (“RALL“) v Avant Garde Maritime Services (Private) Limited (“AGMS“) [2018] SGHC 78, the Singapore High Court dismissed an application to set aside an award on jurisdiction, on the basis that the applicant had failed to challenge the tribunal’s preliminary ruling on jurisdiction within the deadline stipulated under section 10(3) of … Read more
