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The Hong Kong Competition Ordinance – 2018 In Review And The Potential Enforcement Horizon In 2019

by Ashford Benjamin | Jan 17, 2018 | Uncategorized

2018 in review The HKCC had a busy 2018: it brought its first two prosecution cases to trial, a third case was started, and a number of other activities were undertaken. Of note was the exemption application decision relating to the banking sector, and reports of...

Hong Kong – Insolvency Investigations And Litigation Funding

by Ashford Benjamin | Jan 15, 2018 | Uncategorized

As litigators working with insolvency practitioners internationally, a challenge that we often face is to bridge the “investigation gap” between the identification of circumstances that warrant investigation and obtaining the evidence necessary for the...

Hong Kong – SFC’s New Guidance Note Redefines Cooperation In Disciplinary, Civil Court And Market Misconduct Tribunal Proceedings.

by Ashford Benjamin | Jan 15, 2018 | Uncategorized

In recent years, we have seen an increasing number of cases which were concluded following settlement discussions with the Securities and Futures Commission (SFC). More than a decade ago, the SFC published a guidance note on “cooperation” in 2006. We have...

Hong Kong’s Apology Ordinance Comes Into Effect 1 December 2017: What You Need To Know.

by Ashford Benjamin | Nov 6, 2017 | Uncategorized

Hong Kong will soon become the first jurisdiction in the Asia-Pacific region to have an apology legislation. At the moment, Australia, the United States, Canada and Scotland have also enacted similar legislation, but the scope of protection given to apologies under...

The Role Of Mediation In The Resolution Of Belt And Road Disputes

by Ashford Benjamin | Oct 17, 2017 | Uncategorized

In September 2017, the Singapore International Mediation Centre (SIMC), and the China Council for the Promotion of International Trade China Chamber of International Commerce Mediation Center (CCOIC) agreed to cooperate on assisting businesses to...

Difference Between Awards Set Aside And Refused Recognition In The Seat.

by Ashford Benjamin | Oct 17, 2017 | Uncategorized

Awards set aside at the seat When an award is set aside (annulled) at the seat of arbitration, the award creditor (ie. the winning party in the arbitration) may nonetheless seek to enforce it in another jurisdiction (the secondary jurisdiction) pursuant to the New...
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