LK Blog

The LK Blog aims to provide timely analysis and commentary on decisions of interest from the leading appellate courts and important industry developments.

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Court of Appeal Clarifies the Test for the “Existence of Assets” on an Application for a Worldwide Freezing Order

The recent English Court of Appeal decision in Ras Al Khaimah Investment Authority v Bestfort Development LLP and others [2017] EWCA Civ 1014 clarifies the test for the existence of assets on an application for a worldwide freezing order (“WFO”). …

Caroline Mattin

Mandatory Examinations under Section 596A: Engaging the Judicial Power of the Commonwealth and a “Matter” in the Constitutional Sense

Section 596A of the Australian Corporations Act 2001 (Cth) provides a mechanism for an “eligible applicant” (usually an administrator, liquidator, or the Australian Securities and Investment Commission) to examine current or former officers or provisional liquidators of a corporation in regards…

Allie Umoff

The Irrevocability of an Agent’s Authority and Whether Commission Creates a Constructive Trust

Disputes often arise over whether particular assets fall within the estate of an insolvent company, and assets arising out of a principal and agent relationship can cause particular uncertainty. If a claimant can establish a proprietary interest in an asset,…

James Hayton and Emma Sutton

Hong Kong Legislative Council to Consider Legislative Amendments Allowing Third Party Funding of Arbitration

Third party funding has historically been prohibited in common law jurisdictions (including Hong Kong) by the doctrines of maintenance and champerty. The use of third party funding has, however, become increasingly prevalent in a number of jurisdictions over the past…

Rebecca Yorston and Pooja Shahani

Courts look beyond “winding up” order to determine arbitrability of claims

The enforcement of arbitration agreements is one of the most important principles of international arbitration. Article 8 of the UNCITRAL Model Law on International Commercial Arbitration, adopted by Australia through section 7 of the International Arbitration Act 1974 (Cth) (“IAA”),…

Sylvia Tee and Kate Varsos

Freezing Injunctions in Aid of Foreign Proceedings – Judicial Comity and the Hong Kong Court of Final Appeal

The Mareva injunction, also known as a freezing order, is a valuable and often-used weapon in a plaintiff’s legal armoury. Correctly deployed, it prevents a defendant from frustrating the litigation process as it restrains the dissipation of the defendant’s assets. …

Suchita Bhojwani

Proposed Legislative Amendments Pave the Way for Third Party Funding of International Arbitration in Singapore

Singapore continues to cement its place as a preferred seat of international arbitration globally, but it has remained in the minority within the group of leading venues in terms of its approach to third party funding. Third party funding is…

Sylvia Tee

The Hague Convention on Choice of Court Agreements – Creating Greater Certainty in International Commercial Litigation

There are a number of significant hurdles and uncertainties when engaging in international commercial litigation, including (1) the risk of parallel proceedings and jurisdictional disputes where multiple jurisdictions apply to the relevant transaction; (2) the risks arising from delays in…

Cara North

Livent: Limiting the Illegality Defence and Confirming “Increase in Net Deficiency” as Basis for Damages

In claims by companies against their negligent auditors, proving a breach of duty is often only the first in a number of obstacles to recovery of damages. Other obstacles include: the argument that the claim is barred because the fraud…

Annie Tan

It’s All About Connections: Winding Up Foreign Companies in Hong Kong

Cross-border insolvency issues are a common feature in litigation before the Companies Court in Hong Kong, not least due to the prevalence in the region of corporate structures that inevitably have at their helm an overseas holding company, often incorporated…

Suchita Bhojwani
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