Episode 85: Noel Ng | Goodwins Law Corporation
Patent Grace Period Considerations in Australia, Japan, South East Asia and the U.S.
High Speed in the FinTech Patenting Race
FCPA Compliance Report-Episode 371, James Koukios on International Anti-Corruption Developments from December 2017
If the agreement between a creditor and debtor refers disputes to arbitration, what limits should be placed on the creditor to pursue winding-up proceedings based on an unpaid debt under that agreement? Should a court simply...more
In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more
The Singapore High Court has again confirmed that a winding-up application concerning a disputed debt that is subject to an arbitration agreement will be dismissed if the arbitration agreement is prima facie valid and covers...more
Traditionally, there has been a lack of clarity across jurisdictions over what law applies to determine whether a dispute is arbitrable. The Singapore Court of Appeal has now set out a novel "composite" approach, considering...more
Hong Kong and Singapore, the Asia Pacific’s leading seats of international arbitration, have both implemented reforms enabling parties to enter into outcome related fee structures (ORFSs) with their lawyers for arbitrations...more
Hong Kong and Singapore, the Asia Pacific’s leading seats of international arbitration, are both implementing reforms to enable parties to enter into outcome related fee structures (“ORFSs”) with their lawyers for...more
Presently, Singapore and Hong Kong law prohibits lawyers from entering into outcome-related fee arrangements with their clients because of the common law rule against maintenance and champerty. The traditional rationale for...more
2021 marks the 25th anniversary of the Arbitration Act 1996. Since it came into force, the Arbitration Act has been hailed for making London an attractive destination for international arbitration. However, as competing...more
In a recent anonymized judgment, the Hong Kong Court of First Instance held that compliance with an "escalation clause," a procedural requirement for the commencement of arbitration, was an issue to be decided by the arbitral...more
A dispute resolution clause specifies the process, usually by way of litigation or arbitration, through which parties wish to resolve a dispute between them. A dispute resolution clause must be drafted with essential clarity...more
As the world welcomes in the Year of the Rat, we take a look back at five recent decisions that made big waves in the Year of the Pig in their different ways, across Hong Kong, Singapore, and England. ...more
Dispute resolution in Asia has witnessed marked developments this year. Hong Kong, although still an important center for arbitration hearings, is facing increased competition from other jurisdictions, especially Singapore. ...more
Singapore Passes Amendment Bill on Recognition of Foreign Judgments - On September 2, 2019, Singapore’s Parliament passed the Reciprocal Enforcement of Foreign Judgments (Amendment) Bill and the Reciprocal Enforcement of...more
Hong Kong Court Addresses Interplay Between Arbitration and Insolvency - On August 2, 2019, the Hong Kong Court of Final Appeal addressed the interplay between arbitration and the court’s insolvency jurisdiction in its...more
What is TPF and why is it important? In essence, TPF allows you (as a party to a dispute or a legal representative to that party) to go to a third party to obtain funding for an arbitration. If you lose, the funder does...more
With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more
In Astro Nusantara International B.V. and Others v. PT First Media TBK [2018] HKCFA 12; FACV 14/2017 (11 April 2018), Hong Kong’s highest court the Court of Final Appeal (“CFA“) handed down its decision on 11 April 2018 in a...more
Commercial parties, when entering into a contractual relationship, will have to address three key issues when negotiating the dispute resolution (or jurisdiction) clause. First, whether to resolve those disputes by...more
Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more
Queen Mary University of London has recently released the findings of its sixth annual international arbitration study. Among those findings is the HKIAC’s ranking as the most improved arbitration institution. The top...more
International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more