Tag Archives: Dispute resolution clauses
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
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
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
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
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
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
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
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
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
Filed under ADR, Arbitration, Hong Kong, Jurisdiction
Recent Singapore High Court decision on arbitration clause controversial in light of 2012 ICC Rules
The Singapore High Court (the “Court“) considered whether an arbitration clause which stipulated that disputes were to be settled by arbitration under the ICC Rules in Singapore administered by a non-existent institution was inoperable. The Court ruled that the arbitration … Continue reading
Filed under Arbitration, South East Asia