How prior corrupt conduct by a company can limit it from subsequently pursuing legal rights and remedies Bribery and corruption are significant risks in the context of international business transactions. These risks are heightened for companies doing business in developing markets. Where a transaction results in a dispute, an additional risk can arise where the bribe takers, or their successors, seek to use allegations of corruption in relation to the transaction against the other party…
Foreign investors into Indonesia have taken note of the following brief paragraphs posted on the website of the…
Is Hong Kong Service Always Better: Hong Kong Refuses Enforcement of Mainland Award On 24 April 2015, the…
The Energy Charter Treaty (“ECT”) is a multi-national agreement that entered into force in 1998. It is designed to establish an international framework for cooperation in the energy industry, with a focus on the Eurasian energy market. It focuses on facilitating trade, protecting investments and managing disputes. Only recently, there have been several new developments regarding the ECT. Many European countries like Spain have been sued from investors for their solar energy reforms. A few…
In AKN and another v ALC and others and other appeals [2015] SGCA 18, the Singapore Court of…
Hong Kong Court Follows the Tide in Affirming its Power to Grant Anti-Suit Injunctions to Restrain Foreign Court…
Hot off the press is the new book on Construction Arbitration in Hong Kong, published by Wolters Kluwer Law & Business, which was launched last week. Edited by James Kwan and Christopher To, and written by well-known practitioners in the field, this book hopes to provide the readers with the practical knowledge and skills needed to understand the subject as well as to foster the promotion of a better dispute resolution culture in the construction industry often categorised…
Case Note on AQZ V ARA [2015] SGHC 49 Introduction There have been many procedural innovations in the…
The High Court of Justice in Northern Ireland had to decide whether it could allow state court proceedings if the parties have…
The English High Court case of Shagang South-Asia (Hong Kong) Trading Co. Ltd v Daewoo Logistics [2015] EWHC 194 (Comm) (Shagang) is another illustration in a long line of cases of how the courts will determine the law of the arbitration where the parties have left it silent. However, Shagang goes one step further than previous case law with the suggestion that the express seat of arbitration is a very strong presumption that the law…