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).
In the recent case of Chan Sang v Chan Kwok & Ors [2016] HKCU 401 (“Chan Sang v Chan Kwok”), Master Harold Leong held that a Mainland judgment is final and enforceable where a certificate has been issued by the original court to that effect.
This is the first reported decision of the Hong Kong courts under the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597) (the “Ordinance”).
The decision affirms the Hong Kong Courts approach to uphold, rather than set aside, judgments issued in the Mainland.
This chapter first appeared in the first edition of The International Comparative Legal Guide to: Lending & Secured Finance 2016; published by Global Legal Group, London (www.iclg.co.uk)
ANNUAL REVIEW: LITIGATION & ADR
HONG KONG
In the latest issue of Amer Asia Law Magazine, Senior Partner Nick Gall covers Hong Kong Asset Freezing supporting foreign litigation.
