Interim applications

HONG KONG HIGH COURT PROVIDES GUIDANCE ON THE ENFORCEMENT OF MAINLAND JUDGMENTS IN HONG KONG

The Hong Kong Court of First Instance (“CFI“) recently handed down judgment in Export-Import Bank of China v Taifeng Textile Group Co. Ltd and Another [2018] HKCFI 1840, which concerns the enforcement of a Mainland judgment in Hong Kong. The … Continue reading

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Filed under China, Enforcement, Hong Kong, Interim applications

HONG KONG COURT GRANTS ANTI-SUIT INJUNCTION TO RESTRAIN CONTINUATION OF PRC PROCEEDINGS

In Chen Hongqing v Persons whose names are set out in the second column of the Schedule Hereto, HCA 2648/2017 (unrep., 29 May 2018), the Hong Kong Court of First Instance granted an anti-suit injunction in favour of the Plaintiff, … Continue reading

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Filed under China, Hong Kong, Interim applications, Jurisdiction

Hong Kong Courts grant anti-suit injunctions to restrain foreign proceedings in breach of an arbitration agreement

In Arjowiggins HKK2 Ltd v Shandong Chenming Paper Holdings Ltd [2018] HKCFI 93, the Hong Kong Court of First Instance has granted an anti-suit injunction in favour of a recipient of a Hong Kong arbitral award to restrain the continuation … Continue reading

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Filed under Arbitration, Hong Kong, 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