Tag Archives: Dispute resolution clauses

HONG KONG: UNLAWFUL DISMISSAL REINSTATEMENT RIGHTS FROM OCTOBER

Amendments to the Employment Ordinance (“EO“) which strengthen the Labour Tribunal’s (“LT“) powers to make an order for reinstatement or re-engagement where an employee has been unreasonably and unlawfully dismissed have been passed and are to take effect from 19 … Continue reading

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Filed under ADR, Employment, Hong Kong, Jurisdiction, Mediation, Mediation (General), Miscellaneous, Remedies

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

UK SUPREME COURT CLARIFIES LEGAL POSITION ON “NO ORAL MODIFICATION” CONTRACTUAL CLAUSES

Parties to commercial contracts often insert a “no oral modification” (or NOM) clause to prevent attempts to undermine written agreements by informal means. Such clauses are intended to prevent contracting parties being bound by subsequent variations unless the specified formalities … Continue reading

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Filed under Contract, Hong Kong

Podcast: How Arbitration and ADR can be used together

In this short podcast Professional Support Consultants Hannah Ambrose and Vanessa Naish look at how Arbitration and Alternative Dispute Resolution (or “ADR”) can work together. The podcast considers how parties can agree to an ADR process in addition to, or … Continue reading

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Filed under ADR, Arbitration, Mediation (General)

Supreme Court decision clarifies basis for the award of Wrotham Park damages

We discussed aspects of “Wrotham Park damages” (also called “license fee damages” or “negotiating damages”) in Herbert Smith Freehills Hong Kong office’s recent Contract Disputes Seminar “Getting your just deserts: remedies for breach of contract”. To recap, in some cases … Continue reading

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Filed under Contract, Remedies

Hong Kong Court of Appeal addresses the enforceability of English anti-suit injunction

In the recent case of Compania Sud Americana de Vapores S.A. v Hin-Pro International Logistics Limited (CACV 243/2014), the Court of Appeal (CA) held that an English anti-suit injunction with respect to legal proceedings in another jurisdiction (China) could not … Continue reading

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Filed under Contract, Hong Kong, Jurisdiction

ADR Practical Guide launched on the use of Mediation with Arbitration

Our London ADR team has launched the sixth guide in their series of ADR Practical Guides, designed to provide clients with essential practical guidance on various processes falling under the banner of alternative dispute resolution (ADR), with a particular focus on mediation. … Continue reading

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Filed under ADR, Arbitration, Contract, Hong Kong, Japan, Jurisdiction, South East Asia

Privy Council deals with Jurisdictional Clauses in Trusts

Crociani & O’rs v Crociani & O’rs & Camilla de Bourbon des deux Siciles [2014] UKPC 40 Background The case arose from proceedings commenced in Jersey in January 2013 concerning alleged breaches of a trust which was created in 1987 … Continue reading

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Filed under Jurisdiction, Private wealth and trusts

Singapore International Mediation Centre is launched, offering parties an “Arb-Med-Arb” process in partnership with SIAC

The Singapore International Mediation Centre (SIMC) was officially launched on 5 November 2014. Set up following the recommendations of a Working Group chaired by Edwin Glasgow CBE QC and George Lim SC, the SIMC will supplement the array of international … Continue reading

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Filed under ADR, Arbitration, South East Asia

The English courts give guidance on the enforceability of conciliation clauses

Dispute resolution clauses in commercial agreements often contain a requirement to negotiate in good faith or to enter into a form of alternative dispute resolution (ADR) process before starting court or arbitration proceedings.  Parties are likely to rely upon them … Continue reading

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Filed under ADR, Arbitration, Hong Kong, Jurisdiction