Establishing that a contentious issue should be tried in a particular jurisdiction or under a particular governing law can be crucial to the success or failure of a case. Each jurisdiction has its own advantages and disadvantages, both procedurally, in…
Emma SuttonIn a case that made headlines in the aftermath of the financial crisis, the Court of Appeal has dismissed UBS’s appeal against a 2014 High Court ruling in favour of KWL, the Leipzig Water Authority. In UBS AG (London Branch)…
Caroline MattinThe 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 MattinSection 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 UmoffDisputes 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 SuttonThird 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 ShahaniThe 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 VarsosThe 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 BhojwaniSingapore 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 TeeThere 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…
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