Hong Kong Competition Commission publishes decision in respect of the Code of Banking Practice

On 15 October, 2018, the Hong Kong Competition Commission (“Commission”) published a decision (“Decision”) finding that the Code of Banking Practice (“Code”) is not excluded from the application of the First Conduct Rule under the Competition Ordinance (“Ordinance”). The Decision was taken in response to an application for exemption under section 9 of the Ordinance made in respect of the Code (the “Application”). The Application was made in December 2017 by 14 institutions authorised under the Banking Ordinance (“AIs”). Although the Commission found that the Code is not excluded from the application of the First Conduct Rule, nevertheless, it states that it has no current intention to further investigate or pursue regulatory action in respect of the current version of the Code. Read more

Herbert Smith Freehills updates essential guide to disputes clauses in China contracts

Herbert Smith Freehills has launched the latest edition of its practical guide, "Governing law and dispute resolution clauses for China-related contracts‎". Popularly known as 'The Dragon Book', the guide helps in-house lawyers negotiating China-related commercial contracts to understand the workings of Mainland Chinese law as it affects choice of law and other options for resolving … Read more

HERBERT SMITH FREEHILLS – SMU ASIAN ARBITRATION LECTURE

Chief Justice Sundaresh Menon: Adjudicator, advocate, or something in between? Coming to terms with the role of the party-appointed arbitrator The Herbert Smith Freehills-SMU Asian Arbitration Lecture Series was established in 2010 and was made possible by a term fund contribution by Herbert Smith Freehills LLP, Singapore. The objective of the Lecture Series is to … Read more

HSF’s Hong Kong office leads the way on Mediation

From our market leading research on how blue-chips are using ADR to our lead role in a recent landmark convention on “Shaping the Future of International Dispute Resolution” in London, Herbert Smith Freehills’ award winning global ADR practice has long been at the forefront of ADR developments and thought leadership. To mark the fifth anniversary … Read more

Hong Kong: Paternity leave laws in force from 27 February 2015

The Hong Kong Legislative Council has finally introduced laws to entitle private sector male employees to paternity leave.  From 27 February 2015, male employees will be entitled to take up to three days of paternity leave in recognition of the birth of their child. An employee may take paternity leave at any time between four … Read more

Hong Kong: Sex Discrimination (Amendment) Ordinance 2014 in force and Contracts (Rights of Third Parties) Ordinance 2014 delayed

The Sex Discrimination (Amendment) Ordinance 2014—Ordinance No. 19 of 2014 came into force on 12 December 2014. The amended ordinance can be found here. The amended Ordinance provides that it is unlawful for anyone to sexually harass a woman who provides, or will provide, goods, facilities or services.  The amended Ordinance also limits its jurisdictional … Read more

UK Court of Appeal confirms extra-territorial reach of contempt proceedings

In Dar Al Arkan Real Estate Development Co and another v Al-Sayed Bader Hashim Al Refai and others [2014] EWCA Civ 715, the English Court of Appeal confirmed that contempt proceedings are extra-territorial, by holding that such proceedings may be brought against a foreign director of a foreign company which was a party to an … Read more