Shareholders’ disputes, in some cases, are like a divorce according to Gall Consultant Kenix Yuen. Business partners work for years together, and eventually build up a successful business empire, only to find that it is time to go separate ways. In the unfortunate event that the break-up is painful and shareholders have to proceed with unfair prejudice proceedings, what would be the relevant considerations during the process of valuation if a buy-out order is made in the Hong Kong court?Kenix Yuen explores this in her article for In-House Lawyers’ Autumn 2019 issue.
Stan Cheung and Nick Gall recently wrote an article on “Resolving a Dispute – Initial Considerations” for LexisNexis where they explored key factors and preparation to be taken before commencing litigation. As part of our collaboration with LexisNexis Adriel Wong also wrote a piece on “Substituted Service by Social Media” and Ashima Sood wrote about “International Enforcement of Default Judgements”.
Chambers Global Practice Guides provide in-house counsel with expert legal commentary on the main practice areas in key jurisdictions around the world.The guides focus on the practical legal issues affecting business and enable the reader to compare legislation and procedure across a range of key jurisdictions.
The Legislative Council passed resolutions on 27 June 2018 to raise the upper financial limits on the civil jurisdiction of the Small Claims Tribunal (“SCT”) and the District Court (“DC”) in certain matters. In other words, both the SCT and DC will have the power to deal with claims of a larger amount. Such resolutions will come into operation on 3 December 2018.
Sanctioned offers are a significant feature of the litigation landscape in Hong Kong, providing parties a strong incentive to settle their disputes at earlier stages (Rules of High Court and Rules of District Court, O.22).
It is common for parties to a commercial contract to insert a clause stating that “all variations to the contract must be agreed, set out in writing and signed on behalf of both parties before they take effect” (commonly known as a “No Oral Modification” or “NOM” clause). If the parties subsequently have a purported oral agreement to vary a particular term of the contract but do not say anything about the NOM clause, will such a variation be effective?
The IR Global Virtual Series 2018 - Litigation Funding: Handling commercial and financial disputes publication is aimed at helping law firms and their clients understand the costs of financial or securities disputes in various jurisdictions, and the financing structures used to facilitate them. The discussion called upon the expertise of dispute resolution experts from seven countries where third party funding has a presence. Experts discussed the structure of court costs and assessed the rules around litigation funding in each jurisdiction, broke down the constraints around assignment of claims and cost guarantees and finally took a look at the rules governing arbitration agreements.
This article first appeared in the 3rd edition of The International Comparative Legal Guide to: Enforcement of Foreign Judgments 2018 published by Global Legal Group Ltd.
The guide provides a practical insight to cross-border Enforcement of Foreign Judgments laws and regulations. It enables readers to navigate, understand and cross-reference laws and regulations in different jurisdictions around the world.
With cross-border litigation on the rise, recognition and enforcement of judgments rendered by foreign courts takes on increasing significance. Nick Gall and Lydia Mak present a structured guide to the recognition and enforcement of foreign judgements in Hong Kong:
https://www.lexology.com/library/detail.aspx?g=9d20f9bb-eb6f-4212-bbcd-f23e89dd1ba2
Currently a foreign judgment can be enforced in Hong Kong by one of two means. Firstly, at Common Law, and secondly, through the Statutory Registration Scheme, namely the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319).
