We are pleased to release the third issue of our periodic publication “Cross-Border Litigation”, designed to highlight legal and practical issues specific to litigation with an international aspect. Tapping into the expertise of the firm’s leading commercial litigators across the … Continue reading

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Filed under China, Funding

Hong Kong allows third party funding for arbitration and mediation

Hong Kong's Legislative Council has passed a law allowing third parties to fund arbitrations seated in the territory, as well as work done in Hong Kong for arbitrations seated elsewhere, and for mediations. This development has been long anticipated, and will … Continue reading

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Filed under ADR, Arbitration, Funding, Hong Kong

Hong Kong Court considers commercial character of funder in context of assessing commercial funding arrangements for companies in liquidation

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, … Continue reading

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Filed under Funding, Hong Kong, Insolvency

Singapore: Third party litigation funding now permissible in the context of insolvency

In the recent landmark decision of Re Vanguard Energy Pte Ltd [2015] SGHC 156, the Singapore High Court confirmed that litigation funding may, in the context of insolvency and under the appropriate circumstances, be permitted in Singapore. This decision is … Continue reading

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Filed under Funding, Insolvency, South East Asia

The power behind the throne: costs orders against a non-party

The making of costs orders against a witness (who was not a party to the proceedings) was considered by the Hong Kong Court in To Pui Kui, the Administratrix of the Estate of Ng Po Sum, Deceased v Ng Oi … Continue reading

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Filed under Funding, Hong Kong, Private wealth and trusts

Class Actions 2013/2014 – Developments and Trends

Herbert Smith Freehills has recently published the Class Actions Developments and Trends report 2013/2014. Damian Grave, Ken Adams and Jason Betts provide a review of the past year and consider possible trends for 2014 for Australia, amongst other jurisdictions, while Peter Godwin … Continue reading

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Filed under Class actions, Funding, Hong Kong, Insurance, Japan

The Year of the Dragon – a litigator’s review of key cases and developments

As the Year of the Dragon draws to a close we summarise in this e-bulletin some key cases and developments which are likely to be of interest to clients. We also provide (in so far as possible) an indication of … Continue reading

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Filed under ADR, Contract, Disclosure, Employment, Funding, Hong Kong, Interim applications, Private wealth and trusts, Reviews, Uncategorized