Interim applications

Hong Kong Court confirms third party banks do not owe a duty of care to holders of Mareva Injunctions

The Hong Kong court has for the first time held that a third party bank does not owe a duty of care to the holder of a Mareva injunction. Applying the reasoning of an English decision, the Court of First … Continue reading

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Filed under Hong Kong, Interim applications

Hong Kong Court continues injunction in aid of foreign arbitral proceedings

In Ve Global UK Limited v Charles Allard Jr and Intelita Limited, HCMP1678/2017, 10 October 2017, the Hong Kong Court of First Instance continued injunctions and dismissed the Defendants’ allegation of abuse of process in respect of the Plaintiff’s delay … Continue reading

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Filed under Arbitration, Hong Kong, Interim applications

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

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 … Continue reading

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Filed under China, Hong Kong, Interim applications, Jurisdiction

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

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 … Continue reading

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Filed under ADR, Announcements, Arbitration, China, Class actions, Disclosure, Enforcement, Evidence, Hong Kong, Interim applications, Japan, Jurisdiction, Korea, South East Asia

Hong Kong court considers its power to grant injunctions in support of foreign arbitrations; says hybrid clause enforceable

In Top Gains Mineral Macao Commercial Offshore Limited and TL Resources Pte Ltd (HCMP1622/2015), the Hong Kong Court of First Instance has refused to discharge an injunction in support of prospective arbitral proceedings in Singapore, despite the "hybrid" nature of … Continue reading

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Filed under Arbitration, Hong Kong, Interim applications

Hong Kong court expresses concern over making declaration of Trade Mark infringement in circumstances where no defence is filed

Declarations of Trade Mark infringement are commonly sought in actions for infringement of intellectual property rights. However, the Hong Kong High Court recently expressed its concern about making a declaration of infringement in circumstances where the defendant had not filed … Continue reading

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Filed under Hong Kong, Interim applications

Hong Kong court grants leave under new Companies Ordinance to bring unfair prejudice proceedings by way of derivative action

In Yu Yuchuan & Ors v China Shanshui Investment Company Limited (HCMP) 360/2015, Hong Kong’s Court of First Instance granted leave to minority shareholders of Shanshui Investment Company Limited (Shanshui) to bring unfair prejudice proceedings in the name of the … Continue reading

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Filed under Corporate, Hong Kong, Interim applications

Hong Kong High Court considers the difference between mareva injunctions and proprietary injunctions

In the recent case of Zimmer Sweden AB v KPN Hong Kong Ltd and Brand Trading Limited HCA2264/2013, the Hong Kong High Court upheld two injunctions granted in favour of a company which was the alleged victim of fraud perpetrated … Continue reading

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Filed under Hong Kong, Interim applications

Injunctions and Trade Secrets

The English High Court recently considered the test to be applied when deciding whether to grant an interim injunction against a former employee to prevent them from using their former employer’s trade secrets. Given that the Hong Kong law on confidential … Continue reading

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Filed under Employment, Interim applications

Hong Kong High Court considers the scope of exception to a provisional liquidators’ implied duty of non-disclosure

The High Court in Hong Kong recently examined the circumstances in which a liquidator was able to depart from their implied duty not to disclose documents obtained from third parties under statute or in the furtherance of their legal duty.

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Filed under Disclosure, Evidence, Hong Kong, Insolvency, Interim applications