It is common to find employers imposing post-termination restraints (“PTRs”) on employees in order to restrict the post-termination activities of the employees with the aim of protecting the employer’s businesses.Post-termination restrictions are often used by employers to restrict an employee from: joining competitors; poaching employees; soliciting clients or customers; or dealing with clients or suppliers.
In a recent costs decision handed down in March 2018 in a committal proceedings, the Court of First Instance (“CFI”) in China Metal Recycling (Holdings) Ltd v Chun Hei Man [2018] HKEC 676 considered whether it could, in exercising the wide discretion on costs under Section 52A of the High Court Ordinance and O.62, r.2(4) of the Rules of the High Court, rely on matters or findings in the judgment handed down by the Court of Appeal (“CA”) after the costs hearing had already taken place.
Whether you are an employee or an employer, it pays to have an understanding of the law regarding redundancies. While last year saw significant job cuts across the finance and aviation industries, redundancies can occur in any industry at any time due to a range of political, technological and economic factors.
The ICLG to: Corporate Recovery & Insolvency covers common issues in corporate recovery and insolvency – including issues that arise when a company is in financial difficulties, restructuring options, insolvency procedures, tax, employees, cross-border issues, groups and reform – in 31 jurisdictions.
Global Legal Insights to: International Arbitration 2018 covers key topics including arbitration agreements and procedures, arbitrators, interim relief, arbitration awards, challenge and enforcement of awards, investment arbitration and decisions in 35 jurisdictions.
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.
Andrea Randall and Wilson Cheung provide an overview of the regulation of state and supplementary pension schemes in Hong Kong.
Nick Gall and Ashima Sood analyse the laws and regulations in Hong Kong to freeze and repatriate the proceeds of fraud and corruption in the latest edition of Getting The Deal Through: Asset Recovery 2018.
It is well recognised that the pro-arbitration and pro-enforcement approach of Hong Kong courts is the key attribute that underpins Hong Kong's position as an attractive venue for commercial dispute resolution.Due to the rapid economic growth in the markets and a surge in cross-border transactions, arbitration users across the globe are demanding a robust regulatory framework and a judicial climate that is pro-arbitration. Hong Kong has been successful in recognising these demands both in principle as well as in practice.This article considers:The pro-enforcement approach of courts in Hong Kong in the context of the recent judgment in U v A [HCCT 34/2016].
Other important developments in the arbitration regime in Hong Kong.
This article first appeared in the 11th edition of The International Comparative Legal Guide to: Corporate Recovery & Insolvency; published by Global Legal Group Ltd, London.https://iclg.com/practice-areas/corporate-recovery-and-insolvency/corporate-recovery-and-insolvency-2017/hong-kong
