Reading Time: 4 minutesIntroduction Enforcements against corporate fraud and misfeasance have always been top priorities for the Securities and Futures Commission of Hong Kong (the “SFC”). In investigating the business affairs and conduct of a listed issuer, audit working papers of the listed issuer are crucial for the SFC to gain a thorough understanding of the business and […]
Reading Time: 7 minutes“The Singapore Convention on Mediation is a watershed in the Singapore’s Alternative Dispute Resolution scene…we see online dispute resolution as a key part of the future” In the previous issue of Ban Jiun Ean’s interview, he shared with us his reasons for studying law and his motivations to move to the creative industry. Read on […]
Reading Time: 5 minutesIntroduction Hong Kong is a jurisdiction where the policy encourages and upholds the autonomy and finality of arbitration, i.e. a policy of minimal interference with awards.[1] Party seeking the Court’s leave to appeal an arbitral award pursuant to section 5 of schedule 2 of the Arbitration Ordinance (Cap. 609) (the “AO”) must satisfy that the […]
Reading Time: 6 minutesMr Ban Jiun Ean began his tenure as Executive Director of the Singapore Mediation Centre on 1 July 2019. “The Singapore Convention on Mediation is a watershed in the Singapore’s Alternative Dispute Resolution scene…we see online dispute resolution as a key part of the future.” In this 2-part series, a firm believer in the value […]
Reading Time: 20 minutesI. Introduction Under the seminal House of Lords decision of Banque Financiere de la Cite v Parc (Battersea), a claimant can make a claim in unjust enrichment if the following elements are shown:[1] The defendant has been enriched; The enrichment was at the claimant’s expense; The enrichment was unjust; and There are no defences. The […]
Reading Time: 4 minutesZing Yang along with “Venture Capital in the Legal Tech Space” panellists at TechLaw.Fest 2019 Asia Law Network’s Content Manager sits down with Zing Yang, Asia Law Network’s Chief Financial Officer and moderator for TechLaw.Fest 2019’s Venture Capital in the Legal Tech Space talk that took place on 5 September 2019 at the Sands Expo […]
Reading Time: 5 minutesIntroduction If a senior employee abuses his power and uses his senior position to exert his influence over his subordinate or junior employees to foment their resignations to join a new employer (often the employer’s competitor) or misuses the employer’s confidential information that only senior employees have access to, and uses such information to negotiate […]
Reading Time: 7 minutesIn early March 2019, Parliament announced that the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) would provide more resources to help both employees and employers tackle workplace harassment[1]. Although not widely discussed, harassment does take place in Singaporean workplaces. It is important to understand that workplace harassment can affect anyone; whether male or […]
Reading Time: 5 minutesIntroduction Section 284 of the Insolvency Act 1986, which is the equivalent of section 42 of the Bankruptcy Ordinance (Cap. 6), provides that where a person is adjudged bankrupt, disposition of property made by that person in the period from the day of the presentation of the petition to the vesting of the bankrupt’s estate […]
Reading Time: 5 minutesIntroduction A “team move” is an expression used to describe the situation in which a number of employees of the same employer resign to work for a new employer. This is in contrast with the departure of a single employee or the departure of more than one employee for different reasons. In this employment newsletter […]
Reading Time: 5 minutesIntroduction Whilst trade mark infringement and passing-off are common areas of dispute in the courts in Hong Kong these days, contentious matters arising from or in connection with trade mark registration, such as opposition to registration, request for a declaration of invalidity in respect of a registered trade mark which did not qualify for registration […]
Reading Time: 14 minutesINTRODUCTION As our world becomes ever more digitalised and data-driven, cyberattacks and data security breaches have surfaced as prominent threats to businesses and individuals alike. The increasing emergence of threats originating in the digital space has rendered the conduct of business more complex by necessitating the urgent adoption of new cybersecurity and data protection measures. […]
