Category: Jurisdiction

HONG KONG COURT INTERPRETS PRC-LAW GOVERNED JURISDICTION CLAUSES

27 March, 2019

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… Read more

Hong Kong Courts refuse challenge to recognise mainland judgment under the Mainland Judgments (Reciprocal Enforcement) Ordinance

20 November, 2018

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… Read more

Be on time to preserve your right to Active Remedies – the Singapore High Court considers a party’s duty to apply promptly when challenging the jurisdiction of an arbitral tribunal

27 September, 2018

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… Read more

HONG KONG: COURT OF FINAL APPEAL REJECTS POLICY ON DEPENDANT SPOUSAL VISAS FOR SAME-SEX COUPLES

16 August, 2018

A landmark decision of the Hong Kong Court of Final Appeal (CFA) has upheld the decision of the Court of Appeal (discussed here) that the Hong Kong Director of Immigration's policy of refusing to grant dependant visas to same sex… Read more

HONG KONG: UNLAWFUL DISMISSAL REINSTATEMENT RIGHTS FROM OCTOBER

7 August, 2018

Amendments to the Employment Ordinance ("EO") which strengthen the Labour Tribunal's ("LT") powers to make an order for reinstatement or re-engagement where an employee has been unreasonably and unlawfully dismissed have been passed and are to take effect from 19… Read more

INCREASE IN CIVIL JURISDICTIONAL LIMITS FOR DISTRICT COURT AND SMALL CLAIMS TRIBUNAL IN HONG KONG

9 July, 2018

On 27 June 2018, the Legislative Council passed resolutions to increase the civil jurisdictional limits of both the District Court (DC) and the Small Claims Tribunal (SCT). Subject to completion of legislative scrutiny and negative vetting, the amendments are expected… Read more

HONG KONG COURT GRANTS ANTI-SUIT INJUNCTION TO RESTRAIN CONTINUATION OF PRC PROCEEDINGS

21 June, 2018

In Chen Hongqing v Persons whose names are set out in the second column of the Schedule Hereto, HCA 2648/2017 (unrep., 29 May 2018), the Hong Kong Court of First Instance granted an anti-suit injunction in favour of the Plaintiff,… Read more

Amendments to the Singapore International Commercial Court Regime to strengthen Singapore as an international arbitration seat of choice

16 January, 2018

On 9 January 2018, amendments were passed to the Supreme Court of Judicature (Amendment) Act (“SCJA “) which clarify that the Singapore International Commercial Court (“SICC“) has jurisdiction to hear proceedings relating to international commercial arbitration. The amendments also abolish… Read more

Hong Kong and Macao on verge of concluding a mutual service arrangement for civil and commercial proceedings

31 October, 2017

The Hong Kong Government plans to conclude an arrangement with the Macao Special Administrative Region for the mutual service of judicial documents in civil and commercial cases in December 2017. The proposed arrangement is designed to overcome existing limitations in… Read more

PRC signs the Hague Convention on Choice of Court Agreements: a step forward in the resolution of cross-border litigation

28 September, 2017

On 12 September 2017, the People's Republic of China (PRC) signed the Hague Convention on Choice of Court Agreements (Convention). The Convention, in force since 1 October 2015, seeks to provide certainty in cross-border litigation by allowing parties to choose… Read more

Chinese Court recognises a US commercial judgment for the first time based on principle of reciprocity

22 September, 2017

On 30 June 2017, the Wuhan Intermediate People’s Court (Wuhan Court) handed down a decision recognising and enforcing a civil judgment of the Los Angeles Superior Court in California, USA (the "Wuhan Decision") based on the principle of reciprocity. This… Read more

Forum Election, Forum Non Conveniens and the Singapore International Commercial Courts

12 September, 2017

In its recent decision in Rappo v. Accent Delight International Ltd and another [2017] SGCA 27, the Singapore Court of Appeal considered the distinction and relationship between the doctrines of forum election and forum non conveniens. Notably, the Court also… Read more

Hong Kong Court of Final Appeal finds no breach of comity in granting Mareva injunction to protect a foreign claim for breach of an exclusive jurisdiction clause

13 January, 2017

In the case of Compania Sud Americana de Vapores S.A. v Hin-Pro International Logistics Limited (FACV 1/2016), the Court of Final Appeal (CFA) overturned the Court of Appeal's (CA) decision and reinstated a Mareva injunction granted in support of proceedings… Read more

Hong Kong Government announces consultation on Hague Convention of the Recognition and Enforcement of Foreign Judgments

7 October, 2016

The Department of Justice in Hong Kong has this week released a Consultation Paper on the 2016 Preliminary Draft Convention on the Recognition and Enforcement of Foreign Judgments (the "Draft Convention"). The Draft Convention sets out criteria for the Courts… Read more

Hague Convention on Choice of Courts comes into operation in Singapore

3 October, 2016

The Hague Convention on Choice of Court Agreements (Hague Convention) officially came into force on 1 October 2016 and there are currently 30 signatory states, including all members of the European Union and Mexico. As we have previously reported, Singapore… Read more

Recognition of foreign insolvencies at common law: Singapore sets COMI precedent

15 August, 2016

For the first time, a court has adopted the ‘centre of main interest’ (COMI) as grounds at common law to recognise foreign insolvency proceedings. The decision earlier this year by the High Court of Singapore (the Court) recognised a Japanese… Read more

Herbert Smith Freehills launches latest Guide to “Dispute Resolution in Asia Pacific”

8 July, 2016

Please click here to preview this publication. As a result of a rise in global economic activities around the region, Asia is experiencing the inevitable increase in commercial and investment disputes, both litigation and arbitration, with a multi-jurisdictional dimension. Our… Read more

Singapore takes steps toward ratifying Hague Convention on Choice of Court Agreements

4 May, 2016

In our previous article, we discussed Singapore's signing of the Hague Convention on Choice of Court Agreements (the Convention) on 25 March 2015 and the likely effect this would have on the Singapore International Commercial Court (SICC) and Singapore's profile as… Read more

Trends in choice of governing law & jurisdiction in cross-border transactions in Asia: Singapore Academy of Law publishes study

21 January, 2016

On 10 January 2016, the Singapore Academy of Law (SAL) published the results of its study on preferences for the choice of governing law and jurisdiction made by those involved in cross-border transactions "in Singapore and the region" (the Study). The… Read more

Hong Kong Court of Final Appeal clarifies the law in respect of shareholders’ petitions to wind up foreign companies on just and equitable grounds

12 November, 2015

In its landmark decision of Kam Leung Sui Kwan v Kam Kwan Lai & Ors FACV 4/2015, issued yesterday, the Court of Final Appeal has brought some closure to the long running Yung Kee restaurant matter by making a winding… Read more

SPC clarifies jurisdiction issues arising from the CIETAC split

17 July, 2015

On 15 July 2015, the Supreme People's Court in China (the "SPC") issued a binding judicial interpretation on how lower courts are to handle various issues arising out of the CIETAC split (the "SPC Reply"). The interpretation responded to requests… Read more

Competing jurisdiction clauses in a multi-contract scenario: a potential case management solution from Hong Kong

17 July, 2015

In the recent case of CPC Construction Hong Kong Limited v Harvest Engineering (HK) Limited and another (HCA 2096/2013), a series of loan agreements set out for litigation to resolve disputes, while a broader, related subcontract, set out for disputes… Read more

Commercial Court in England finds forum non conveniens waiver clause does not necessarily preclude stay on grounds of forum non conveniens

6 July, 2015

In Standard Chartered Bank (Hong Kong) Limited and another v Independent Power Tanzania Limited and others [2015] EWHC 1640 (Comm), the Commercial Court in England has held that a non-exclusive jurisdiction clause combined with a forum non conveniens (FNC) waiver… Read more

Singapore signs the Hague Convention on Choice of Court Agreements: a step in the right direction for the Singapore International Commercial Court

2 April, 2015

In our previous article The New Frontier, we discussed the launch of the Singapore International Commercial Court ("SICC") and in particular we questioned whether issues of cross border enforceability might impact the effectiveness of the new SICC. Last week, Singapore… Read more

Hong Kong Court of Appeal addresses the enforceability of English anti-suit injunction

26 March, 2015

In the recent case of Compania Sud Americana de Vapores S.A. v Hin-Pro International Logistics Limited (CACV 243/2014), the Court of Appeal (CA) held that an English anti-suit injunction with respect to legal proceedings in another jurisdiction (China) could not… Read more

ADR Practical Guide launched on the use of Mediation with Arbitration

24 March, 2015

Our London ADR team has launched the sixth guide in their series of ADR Practical Guides, designed to provide clients with essential practical guidance on various processes falling under the banner of alternative dispute resolution (ADR), with a particular focus on mediation.… Read more

Abolition of civil appeals ‘as of right’ to the Hong Kong Court of Final Appeal

6 February, 2015

The Administration of Justice (Miscellaneous Provisions) Ordinance 2014 came into effect on 24 December 2014. It amended various Ordinances with a view to improve various court-related matters. The most significant of these amendments is the repeal of section 22(1)(a) of… Read more

Privy Council deals with Jurisdictional Clauses in Trusts

5 January, 2015

Crociani & O'rs v Crociani & O'rs & Camilla de Bourbon des deux Siciles [2014] UKPC 40 Background The case arose from proceedings commenced in Jersey in January 2013 concerning alleged breaches of a trust which was created in 1987… Read more

New EU jurisdiction rules apply from 10 January: what does it mean for non-EU domiciled parties?

4 December, 2014

New EU rules on jurisdiction and the enforcement of judgments will apply to proceedings commenced from 10 January 2015, in the form of the recast Brussels Regulation (Regulation (EU) 1215/2012). Herbert Smith Freehills has published a client guide to the… Read more

Cross Border Insolvencies: Hong Kong Court further clarifies the legal principles in respect of winding up an unregistered overseas company

30 April, 2014

The exercise of the court's discretionary jurisdiction to wind up an unregistered overseas company has again come under judicial spotlight in the recent case of Re China Medical Technologies Inc. (HCCW 435/2012). In this case, the Hong Kong High Court… Read more

Contract may be made in more than one country for purposes of establishing jurisdiction

21 November, 2013

The English High Court has held that a claimant had a good arguable case that a contract was made in both England and Texas and that this was sufficient to come within the relevant gateway for seeking permission to serve… Read more

Astro v Lippo: the next chapter – Singapore Court of Appeal rejects enforcement of awards against non-signatories to the arbitration agreement

15 November, 2013

The long-running dispute between Astro, a Malaysian media giant, and Lippo, an Indonesian conglomerate, has reached the end of the latest heavily contested battle by Lippo against the enforcement of arbitral awards given in Astro’s favor. In PT First Media… Read more

Hong Kong Court upholds exclusive jurisdiction clause in favour of PRC Court

17 October, 2013

The choice of exclusive jurisdiction in favour of either Hong Kong or the PRC courts in a contract may enable litigants to take benefit from the reciprocal enforcement arrangement underpinned by the Arrangement on Reciprocal Recognition and Enforcement of Judgments… Read more

Investment treaties as a form of protection for Chinese outbound investors

29 August, 2013

Chinese outbound direct investment ("ODI") reached new heights in 2013, and the upward trend looks to continue as Chinese investors inject capital into diverse investments and strategic acquisitions around the world. As Chinese investors continue to look abroad for new… Read more

Herbert Smith Freehills publishes ninth edition of popular dispute resolution guide for the Asian-Pacific region

24 July, 2013

Today we have launched the ninth edition of our dispute resolution guide for the Asian-Pacific region. The Guide aims to provide a concise and accessible overview of some of the practical issues involving both litigation and arbitration across the region. … Read more

The English courts give guidance on the enforceability of conciliation clauses

18 July, 2013

Dispute resolution clauses in commercial agreements often contain a requirement to negotiate in good faith or to enter into a form of alternative dispute resolution (ADR) process before starting court or arbitration proceedings. Parties are likely to rely upon them… Read more

Unilateral jurisdiction clauses may not always be effective

12 February, 2013

Dispute resolution clauses that give one party the right to choose where disputes will be resolved are not uncommon, particularly in finance agreements. For example, an agreement may provide that the courts of a particular country have exclusive jurisdiction, but… Read more

“Dispute resolution and governing law clauses in China-related commercial contracts”: 5th edition now available

28 November, 2012

Chinese law restricts both the choice of law and the types of dispute resolution mechanism in China-related commercial contracts. As a result, drafting governing law and dispute resolution clauses in these contracts is not straightforward. This guide, designed for clients… Read more

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