Hong Kong publishes first report on the analysis of ESG Practice Disclosure

On 18 May 2018, the Hong Kong Stock Exchange published its first report on the analysis of environmental, social and governance (ESG) practice disclosure (the Review Report). The Hong Kong Stock Exchange has reviewed 400 annual reports of listed issuers having the financial year-end dates of 31 December 2016, 31 March 2017 and 30 June 2017. 61% of the listed issuers under review had the ESG reports incorporated in their annual reports and 39% of them had standalone ESG reports.
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Effectiveness of anti-oral variation clauses upheld by the Supreme Court of the United Kingdom

This article considers the recent decision in Rock Advertising Limited v MWB Business Exchange Centres Limited in which the English Supreme Court was asked to consider the legal effectiveness of No Oral Modification clauses, or NOM clauses as they are frequently referred to in contractual documents. In upholding the validity of NOM clauses, the Court has added much clarity and certainty to the standing of NOM clauses, and reinforced the primacy of the contractual terms in contract interpretation.
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International arbitration report - October 2015

In this issue we discuss the Comprehensive Economic and Trade Agreement between Canada and the EU, which is being negotiated during a period of increased debate about the merits of investment treaty dispute settlement mechanisms. Our interview is with Lim Seok Hui, the chief executive of SIAC; we find out her views on Singapore’s new mediation centre (SIMC).
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Hong Kong: Recognition of Foreign Officeholders in Hong Kong - African Minerals Case

The High Court of the Hong Kong Special Administrative Region, Court of First Instance, has handed down its judgment on the question of whether it could provide assistance in relation to insolvency proceedings currently underway in the English High Court in London. Such proceedings were in the form of an English law-governed administration concerning a mining company, African Minerals Limited.
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Challenges for the US Retail Sector, Inside and Outside Bankruptcy

In recent months, the US has seen a staggering increase in the number of retailers, both large and small, filing for bankruptcy. Among others, Dots, Alco Stores, Radio Shack, Deb Shops, Wet Seal, and Delia’s have each filed for bankruptcy protection in the past six months alone. There can be little doubt that these retailers and countless others, face tremendous challenges given consumers’ shift in preference to online shopping with expedited shipping over visiting a bricks-and-mortar store.
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Consultation on Resolution Regime for Financial Institutions (including Financial Market Infrastructures) in Hong Kong

On 7 January 2014, the Hong Kong Monetary Authority (“HKMA”), Securities and Futures Commission (“SFC”) and Insurance Authority (“IA”) launched a 3-month consultation on establishing an effective resolution regime for financial institutions (“FIs”), including financial market infrastructures (“FMIs”). The proposed regime seeks to bring Hong Kong in line with the standards set in the “Key Attributes of Effective Resolution Regimes for Financial Institutions” (“Key Attributes”) by the Financial Stability Board (“FSB”).
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Shareholder Granted Order to Inspect Listed Company Documents

This week, the Court of First Instance handed down its decision in the first application under s.152FA of the Companies Ordinance (the "Ordinance") in Wong Kar Gee Mimi v Hung Kin Sang Raymond and Applied Development Holdings Limited (HCMP 1602/2010). This was an application by a shareholder to inspect the records of a listed company. Hogan Lovells acted for the applicant. Read more

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