Malaysian Federal Court reemphasises the need for careful drafting of termination provisions

    The Malaysian Federal Court in Catajaya Sdn Bhd v Shoppoint Sdn Bhd [2020] MLJU 2333 has provided its latest guidance on interpreting termination clauses under contracts governed by Malaysian law.  The decision highlights that contracts should be read strictly such that their express wording and cross-references between provisions are given effect.  For drafters, Catajaya serves as a … Read more

    The English High Court strikes out classic claim for reflective loss brought by a shareholder against its company’s professional advisers in the context of an IPO

    The English High Court recently struck out a claim by a parent company (i.e., a shareholder of its subsidiary) for negligence and breach of retainer against a law firm in conducting due diligence and preparing for the subsidiary’s IPO, on the basis that the loss claimed by the parent company was reflective of the loss … Read more

    Rule against penalties: Singapore Court of Appeal affirms Dunlop test

    The decision of the Singapore Court of Appeal on 15 December 2020 in Denka Advantech Pte Ltd & another v Seraya Energy Pte Ltd & another [2020] SGCA 119, has affirmed that, under Singapore law, the rule against penalties remains as stated by Lord Dunedin in Dunlop Pneumatic Tyre Company, Ltd v New Garage and … Read more

    HONG KONG: HR AGENDA FOR THE YEAR OF THE OX

    Last year was full of the unexpected. In this bulletin, our Hong Kong employment team reflects on some key themes that emerged last year and considers how these will keep Hong Kong employers busy in the year ahead. Read more

    LATEST EDITION OF ASIA PACIFIC DISPUTE RESOLUTION GUIDE NOW AVAILABLE

    Disruption, downturn and recovery tend to generate more disputes – and in Asia Pacific cross-jurisdiction operations and investments increase that risk. Our 2021 Guide to Dispute Resolution in Asia Pacific is your roadmap to potential problems in these fast-changing times, especially for those new to the region’s complex legal landscape. From the basics of each … Read more

    LATEST EDITION ESSENTIAL GUIDE TO DISPUTE RESOLUTION IN ASIA PACIFIC LAUNCHES

    Our market-leading practice is launching the 11th edition of its Guide to Dispute Resolution in Asia Pacific next week. Join us for two webinars where our dispute resolution lawyers across the region will share the latest stories from the frontline. Date: 26 January 2021 Focus: Greater China region (including Hong Kong) Click here to register. … Read more

    Hong Kong to Introduce Corporate Rescue Regime and Insolvency Trading Regime

    After abortive attempts in 2000-2001, 2008-2009, and 2014 to introduce a statutory corporate rescue procedure, the Hong Kong Government has recently announced in a paper submitted to the Legislative Council that it will present the Companies (Corporate Rescue) Bill (the “Bill”) to the Legislative Council in early 2021. Once enacted, the Bill will introduce a … Read more

    IS THE JUICE WORTH THE SQUEEZE?

    The natural and most appropriate jurisdiction in which to wind up a company is its place of incorporation. The Hong Kong Companies Court, however, routinely deals with winding up petitions against companies which are incorporated outside Hong Kong, but listed on the Hong Kong Stock Exchange (“HKEx”). Given recent economic difficulties, the number of such … Read more

    Will you stay no longer? Hong Kong Companies Court considers general stay provisions in recognition orders

    When the Hong Kong Court recognises offshore soft-touch provisional liquidation, will there be an automatic stay of proceedings in Hong Kong? Recently, in Re FDG Electric Vehicles Limited [2020] HKCFI 2931, the Companies Court answered “no”. In doing so, the Court revisited the wording of the standard-form recognition order. Soft-touch provisional liquidations A soft-touch provisional … Read more