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    A significant step towards simpler judicial procedures and reduced re-litigation: Hong Kong and the Mainland sign a broader arrangement to recognise and enforce judgments in civil and commercial matters
    2019-01-25

    On Friday 18 January 2019, Hong Kong and the Mainland reached a milestone by signing the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters between the Courts of the Mainland and of the Hong Kong Special Administrative Region (“Arrangement“). When taken together with other similar arrangements that are in train, the Mainland Supreme People’s Court envisages that approximately 90% of judgments of a civil and commercial nature will soon be reciprocally recognised and enforced between Hong Kong and the Mainland.

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Gareth Thomas , Dominic Geiser , Jojo Fan , Priya Aswani
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Hong Kong court dismisses application for further stay of enforcement
    2019-01-14

    After reluctantly issuing an initial stay of enforcement in July 2018, the Hong Kong Court of First Instance recently dismissed an application by China Zenith Chemical Group Ltd (CZ) to further delay the enforcement of an arbitral award in favour of Baosteel Engineering & Technology Group Co Ltd (BS).

    Baosteel Engineering & Technology Group Co Ltd v China Zenith Chemical Group Ltd [2019] HKFCI 68

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Joint and several liability
    Authors:
    Kathryn Sanger , May Tai , Simon Chapman , Briana Young
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    What does the future hold? A timeline of upcoming UK legal developments
    2018-05-01

     

    EU (Withdrawal) Bill may be passed by UK Parliament. Its purpose is to repeal the European Communities Act 1972 and, so far as possible, import EU law that would otherwise fall away into UK law

    The Construction (Retention Deposit Schemes) Bill is expected to have its second reading debate

    Filed under:
    European Union, Global, Hong Kong, United Kingdom, Arbitration & ADR, Banking, Construction, Derivatives, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Litigation, Planning, Real Estate, Tax, Trade & Customs, Herbert Smith Freehills LLP, Brexit, Financial Conduct Authority (UK), European Commission
    Location:
    European Union, Global, Hong Kong, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Hong Kong judge defers to arbitration in dismissing winding up petition
    2018-04-03

    In a recent Court of First Instance case before Harris J, Southwest Pacific Bauxite (HK) Ltd (Company) sought to strike out a winding-up petition issued against it by Lasmos Ltd (Petitioner). The ground of insolvency relied on by the Petitioner was a statutory demand of US$259,700.48 (Debt), arising out of a management services agreement (MSA) between the Company and the Petitioner (Parties). The Company disputed the Debt.

    Filed under:
    Hong Kong, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Arbitration clause
    Authors:
    Simon Chapman , Briana Young , Kathryn Sanger
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Preview of 2018
    2018-01-15

    ENGLAND AND WALES PREVIEW OF 2018 January 2018 LEGAL GUIDE HERBERT SMITH FREEHILLS 01 page CONTENTS Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 02 Brexit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 03 Competition, Regulation and Trade . . . . . . . . . . . . . . . . . . 05 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 07 Corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 08 Dispute Resolution . . . . . . . .

    Filed under:
    European Union, United Kingdom, Scotland, Arbitration & ADR, Banking, Company & Commercial, Competition & Antitrust, Construction, Derivatives, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Planning, Real Estate, Securitization & Structured Finance, Tax, Herbert Smith Freehills LLP, Brexit, GDPR
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    General Counsel Update - February 2017
    2017-03-01

    When we began analysing in depth the possibility of Britain exiting the European Union, 18 months prior to the June 2016 referendum, the HERBERT businessSMITH FREEHILLS consensus w07as very muchSECTION TITLE that Brexit was a remote prospect that either would never happen or not matter.

    Fast forward just over two years and the reality could not be more different. In this updated edition of our Brexit legal guide, we take stock of the present situation, summarising the key developments since last year's vote and what is to be expected in the months ahead. 10 33 99

    Filed under:
    Australia, China, European Union, Hong Kong, Indonesia, Singapore, United Arab Emirates, United Kingdom, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, Planning, Public, Tax, Telecoms, Herbert Smith Freehills LLP, Brexit, Breach of contract, Reinsurance, Duty of care, Defined benefit pension plan, European Commission, Securities and Futures Commission (Hong Kong)
    Location:
    Australia, China, European Union, Hong Kong, Indonesia, Singapore, United Arab Emirates, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    BREXIT: charting a new course
    2017-02-21

    If 2016 ended with more questions than answers as to how Brexit would take shape, 2017 began with at least a little more clarity.

    Filed under:
    European Union, Global, OECD, United Kingdom, USA, Arbitration & ADR, Aviation, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employee Benefits & Pensions, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Immigration, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Public, Real Estate, Tax, Telecoms, Herbert Smith Freehills LLP, Brexit, Internal market, EEA, UK Supreme Court
    Location:
    European Union, Global, OECD, United Kingdom, USA
    Firm:
    Herbert Smith Freehills LLP
    Australian Construction Dispute resolution Newsletter - October 2016
    2016-10-14

    Welcome to this issue of Herbert Smith Freehills' Australian Construction Dispute Resolution Newsletter.

    This newsletter updates you on legal developments relevant to your industry by featuring Australian court decisions and legislative developments of particular interest.

    In this issue, we look at:

    Filed under:
    Australia, Arbitration & ADR, Company & Commercial, Construction, Insolvency & Restructuring, Herbert Smith Freehills LLP, Credit card, Dispute resolution, Liquidated damages, High Court of Australia
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Commercial rent arrears - know your options
    2022-01-21
    • Commercial rent arrears continue to accumulate as a result of the pandemic, such that arrears are estimated to reach £9 billion by March 2022 and comprise a much larger slice of the typical debt stack than they did pre-pandemic.
    • The UK government has proposed a binding arbitration scheme to help resolve the arrears and further extend the existing protections from enforcement and insolvency procedures that
    Filed under:
    United Kingdom, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Real Estate, Reed Smith LLP, Coronavirus, Commercial tenant
    Authors:
    Colin Cochrane
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Violation of the Automatic Stay Seeking to Enforce Arbitration Award Against Nondebtor: Beware, You May Be on Thin Ice
    2016-05-13

    The United States Bankruptcy Court for the Southern District of Ohio, Eastern Division, (“the Court”) held in In re John Joseph Louis Johnson, III, Case No. 14-57104, 2016 WL 1719149, that a creditor violated the automatic stay by seeking to enforce an arbitration award against nondebtor co-defendants. The automatic stay applies not only to stay actions against the debtor personally but also prohibits “any act to … exercise control over property of the [debtor’s bankruptcy] estate.” 11 U.S.C.

    Filed under:
    USA, Ohio, Arbitration & ADR, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Debtor, Arbitration award, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP

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