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… Read more

Organisations in the European Union with operations in the United States have, for over a decade now, taken comfort that the transfer of personal data to the United States would be lawful if the recipient had subscribed to the US… Read more

In Wong Tak Man, Stephen & Another v Cheung Siu Fai & Ors [2015] HMP 1431/2012, the Court held that transfers of funds made by a bankrupt were not transactions at undervalue or unfair preferences pursuant to s49 and s50… Read more

In Wah Ying Cheong Co Ltd v Chan Kwok Ping & Ors [2015] HCMP 3059C/1997, the Court held that where a trustee is unable to locate beneficiaries under a trust, the Court may order payment of trust monies into Court… Read more

With effect from 13 November 2015, the Securities and Futures Ordinance was amended to give new powers to the Securities and Futures Commission (SFC) to provide supervisory assistance to overseas regulators. The SFC now has the power to compel licensed… Read more

Please click here to preview this publication. We have launched the first global edition of our Anti-corruption Report, reviewing a year in which corruption investigations have never been far from the headlines. ... Read more

In the recent case of Eastern Athletic Association Football Team Ltd v Alessandro Ferreira Leonardo (HCA 2383/2015), the High Court refused to grant an interlocutory injunction to a football club, Eastern Athletic Association ("EAA"), to restrain one of its players… Read more

In Li Miaoli and Others v Chan Shu Fong and Others HCA 845/2011, the Court held that a father did not make an inter-vivos gift of shares to his son. This case is an illustration of how the Court will apply… Read more

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

In Zhang Shouen and another v Standard Chartered Bank (Hong Kong) Ltd HCMP 682/2015, the Court considered whether to grant the applicants' request for pre-action discovery pursuant to section 41 of the High Court Ordinance ("HCO"). This case provides a… Read more

In a judgment handed down on 4 November, the UK Supreme Court has in effect re-written the rule on contractual penalties in England & Wales, holding that the underlying rationale of the rule in English law has been misunderstood and… Read more

Herbert Smith Freehills Senior Associate Emmanuel Chua has published an article titled "The growth of hybrid dispute resolution processes in Asia – Singapore and the Arb-med-Arb protocol" in CIArb Malaysia, newsletter of the Chartered Institute of Arbitrators Malaysia Branch. This… Read more

The case of Re Company A-E [2015] HCMP 2019/2015 demonstrates that the Court will take a practical approach in determining whether a funding arrangement infringes upon the common law rules against maintenance and champerty. The Court will consider commercial factors,… Read more

In Fung Sing Wai v. Chow Chiu Wan and Others, the Court revoked letters of administration on the grounds that the administrator failed to establish that she was the deceased's wife and had made misrepresentations in her affirmation in support… Read more

The Indian Government has taken steps to implement long awaited arbitration reforms by promulgating an ordinance, the Arbitration and Conciliation (Amendment) Ordinance, 2015 (the "Ordinance"), amending the Arbitration and Conciliation Act 1996 (the "Act"). These amendments have been on the… Read more

On 26 October, the Court of Appeal handed down its long-awaited judgment regarding bribery charges against former TVB general manager and TV presenter, Stephen Chan and his assistant, Tseng Pei-kun. The men had twice been acquitted but now face jail… Read more

In Paul David Wood & Anor v Timothy Darren Baker & Ors, the joint trustees in bankruptcy of the bankrupt's property successfully obtained injunctions freezing the assets and business of the respondents and restraining them from dealing with such assets… Read more

MULTIPLE PROCEEDINGS IN INTERNATIONAL ARBITRATION This year's Herbert Smith Freehills-SMU Asian Arbitration Lecture will be delivered by Professor Gabrielle Kaufmann-Kohler, followed by commentary from Alastair Henderson, Managing Partner of Herbert Smith Freehills Singapore and Head of International Arbitration Southeast Asia.… Read more

Herbert Smith Freehills is pleased to announce the launch of The Global Pound Conference (GPC) Series 2016-17. The aim of this ambitious worldwide conference series is to build a global conversation about the current landscape of civil and commercial dispute resolution and how… Read more

In ZENG QILING (A MINOR, BY MOTHER AND NEXT FRIEND WANG LIMEI) v. HOU PO CHU ESTELLA AND ANOTHER, the Court exercised its discretion under section 36 of the Probate and Administration Ordinance (the "Ordinance) to appoint two professional administrators… Read more

The Hong Kong Law Reform Commission has today published a Consultation Paper recommending that third party funding should be permitted for arbitrations in Hong Kong. The Paper invites public comment on the recommendation, and how third party funding should be… Read more

The Hong Kong Department of Justice’s Steering Committee on Mediation recently published a consultation paper reviewing the legal implications of offering apologies in the context of disputes. They recommend enacting legislation to encourage disputing parties to apologise without fear of… Read more

In In the matter of the Estate of Florence Rosemary Harte (Deceased) ("Re Harte"), the English High Court had to decide when and how to interpret and rectify a Will to reflect the testator's true intentions. Re Harte affirmed the… Read more

Amidst dramatic court scenes, the former Chief Executive (CE) of Hong Kong, Donald Tsang Yam-kuen, was charged on Monday with two counts of misconduct in public office, contrary to common law. The charges relate to Tsang's interest in a three-storey… Read more

Herbert Smith Freehills Disputes Notes has already reported on the litigation between JSC Mezhdunarodniy Promyshlenniy Bank (Mezhprom) and Sergei Viktorovich Pugachev (Mr Pugachev) (see our article of 27 November 2014) . In a new decision, the Court has extended the… Read more

In Leung Mee Kuen v Leung Siu Kuen Bessie, two sisters were in dispute over the beneficial ownership of a property.  The property had been bought using the proceeds of sale of another property. The dispute as to beneficial ownership… Read more

The District Court's judgment in Wu Yim Kwong Kingwind v Manhood Development Limited (24/07/2015, DCCJ 3839/2012) offers a salutary reminder of the importance of considering and attempting Alternative Dispute Resolution (ADR) in the context of ongoing litigation proceedings. Pursuant to… Read more

Monday 7 September 2015, 12.30 - 1.30pm BST With the Modi Government well into its second year, we review the economic, political and legal environment for foreign direct investment (FDI) into India. With some still calling for 'big bang' reforms… Read more

The Singapore Court of Appeal ("CoA") has delivered its judgment in Citiwall Safety Glass Pte Ltd v Mansource Interior Pte Ltd [2015] SGCA 42.  Overturning the High Court's decision, the CoA held that the time limits applicable in statutory adjudication… Read more

The judgment recently delivered by the Hong Kong Court of Appeal (CA) in Citic Pacific Limited v Secretary for Justice and Commissioner of Police (unrep, 29/06/2015, CACV 7/2012) sets a new precedent in Hong Kong for legal advice privilege. In… Read more