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Herbert Smith Freehills
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By Kathryn Sanger, Briana Young, Simon Chapman
In N v W [2018] HKCFI 2405, the Hong Kong Court of First Instance refused to remit or set aside an award on the basis that an arbitrator had misconducted proceedings, demonstrating its reluctance...
By Herbert Smith Freehills
The Court of Appeal has held that emails between a company's Board members which had been prepared to discuss a commercial proposal for the settlement of a dispute were not covered by litigation...
By Herbert Smith Freehills
A High Court Master has found that the court must maintain privilege in the documents of a dissolved company unless and until there is no prospect of the company being restored to the register:
By Herbert Smith Freehills
The High Court has found that correspondence with experts was not subject to litigation privilege as it was prepared for two purposes, only one of which was for contemplated litigation...
By Nicholas Peacock, Vanessa Naish, Charlie Morgan
There is an emerging consensus among the arbitration community that parties, arbitral institutions and tribunals in individual arbitration matters must give greater attention to cybersecurity in order to minimise the risks of a successful attack.
By Maryam Oghannah
The High Court has held that where a claim was, in principle, governed by foreign law, but the claimant had not pleaded or proved the content of that law,the court would apply English law to the claim
By Herbert Smith Freehills
In a recent decision in the context of a judicial review,the High Court held that the SFO was able to compel a foreign company to produce documents located outside the jurisdiction, pursuant to s.2(3)
By Herbert Smith Freehills
Herbert Smith Freehills has launched a series of short guides to class actions in England and Wales.
By Herbert Smith Freehills
The government has set out how it plans, in the event of a "no deal" Brexit, to ensure that the UK will continue to apply the Hague Choice of Court Convention, which currently applies to the UK by virtue of its EU membership.
By Herbert Smith Freehills
In a recent decision, the High Court has held that an in-house lawyer's communications with an employee of the business ...
By Kathryn Sanger, Simon Chapman, Tomas Furlong, Briana Young
A tribunal had decided liability and awarded sums as due on a basis not advanced by the claimant.
By Herbert Smith Freehills
The government has published a draft statutory instrument, the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018.
By Nick Chapman
In a recent decision, the Court of Appeal held that a stay of proceedings applies to the service of the claim form in the same way that it applies to any other procedural step.
By Simon Chapman, Kathryn Sanger, May Tai, Briana Young
On 18 October 2018, the Hong Kong Court of First Instance (Court) in Z v Y [2018] HKCFI 2342 refused to recognise an Award of the China Guangzhou Arbitration Commission ...
By Nicholas Peacock, Jake Savile-Tucker, Vanessa Naish
The English High Court has refused an application under s.103 of the Arbitration Act 1996 ("AA 1996") to set-aside an order allowing for the enforcement of an ICC award in England.
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