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Category Archives: China
3rd Edition of Chitty on Contracts, Hong Kong Specific Contracts (2013)
We are very pleased to inform our readers, particularly in the Asia Pacific region, that the 3rd Edition of Chitty on Contracts, Hong Kong Specific Contracts has just been published. This authoritative and leading contracts textbook needs no real introduction … Continue reading
Posted in Arbitration, Asean, China, Hong Kong, Singapore, UK
Tagged alternative dispute resolution, arbitration, case law, Chitty, textbook
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Indemnity Costs Orders for Unsuccessful Challenge to Arbitration Award
In most common law jurisdictions (save, most prominently, for the US), “costs follow the event” is the usual rule for the payment of legal fees and other cost of court proceedings i.e. the losing party pays the winning party’s costs. … Continue reading
News Update: Astro-Lippo Dispute (Antisuit Injunction)
Followers of this blog would know that we have written a fair bit on the Astro-Lippo dispute which resulted in 5 SIAC awards rendered in favour of the Astro group against the Lippo group. This includes an overview of the … Continue reading
Technology and Outsourcing Hot Spots Series (5): Multi-Tier and Unilateral Arbitration Clauses
In Part 4 of our Technology and Outsourcing Hot Spots Series, we considered how a properly drafted dispute resolution clause can give parties an appropriate dispute resolution mechanism which allows for an enforceable decision and avoids costly and time consuming … Continue reading
Technology and Outsourcing Hot Spots Series (4): ADR and Dispute Resolution Clauses
Managing Disputes at the Drafting Stage In Part 1 of this Technology and Outsourcing Hot Spots series, we mentioned the importance of managing disputes from as early as the contract drafting stage. We considered that parties should ensure an accurate … Continue reading
Posted in Arbitration, Asean, China, India, UK
Tagged ADR, alternative dispute resolution, case law, governing law, ICT, infocomms, outsourcing, technology arbitration
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Case Update: A simplified approach to distinguishing between guarantees and bonds?
The English Court of Appeal has sought to re-establish in Wuhan Guoyu Logistics Group Co Ltd & Anor v Emporiki Bank of Greece SA, [2012] EWCA Civ 1629, a simpler and more streamlined test (presumption) for determining whether a so-called … Continue reading
Technology and Outsourcing Hot Spots (2): Governances and Change Control Procedures
Part 2 of our ongoing Technology and Outsourcing Hot Spots Series discusses issues relating to the performance of technology and outsourcing contracts. It examines governance and change issues including: Effective service descriptions; Effective cooperation between parties Variation orders and clauses; … Continue reading
Posted in Asean, China, India, Singapore, UK
Tagged agreement to negotiate, alternative dispute resolution, case law, contractual negotiations, governance, hot spots series, ICT, infocomms, long term relationship, outsourcing, outsourcing contracts, pre-contractual negotiations, software, technology, technology and outsourcing hot spots, technology arbitration, work scope
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Technology and Outsourcing Hot Spots (1): Pre-Contractual Negotiations
Part 1 of our technology and outsourcing hot spots series discusses some of the more relevant issues relating to pre-project scoping and in particular: the need to be explicit in setting out the scope of work; issues of marketing puff; … Continue reading
Singapore Law Watch Commentary
Our case update on a simplified approach advanced by the English Court of Appeal to distinguish between a bond and a guarantee, has been picked up by Singapore Law Watch (“SLW“). Our SLW Commentary can be found here. The SLW … Continue reading →