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Commercial

Hong Kong

As a business operating in today’s increasingly regulated markets, it is important to manage your commercial risk while achieving your business objectives. Your success is built upon the effectiveness of your relationships with both customers and suppliers. Sector-specific contractual arrangements are key to this. You need the right legal answer in the context of the market in which you operate.

Our team in Hong Kong and Greater China handle commercial law issues, bankability reporting and contractual risk allocation, and can support you in the key areas of your operative business - sales, procurement, production and service contracts.

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30 Oct 19
Shar­ing is (S)caring
An­nu­al Tech­no­logy, Me­dia and Com­mu­nic­a­tions Con­fer­ence
07/08/2019
Singa­pore Con­ven­tion on Me­di­ation signed by 46 coun­tries at open­ing...
This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. The United Na­tions Con­ven­tion on In­ter­na­tion­al Set­tle­ment Agree­ments Res­ult­ing from Me­di­ation, named the Singa­pore Con­ven­tion, of­fi­cially opened for.
16/07/2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Data Pro­tec­tion The European Gen­er­al Data Pro­tec­tion Reg­u­la­tion raises at least two is­sues in par­tic­u­lar in this con­text. First: is pseud­onym­ous in­form­a­tion per­son­al data? Second: how can a “right to be for­got­ten” be con­sist­ent with an im­mut­able ledger? Oth­er.
11/07/2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Rem­ed­ies: In Prin­ciple The ori­gin­al Bit­coin White Pa­per stressed the im­port­ance of trans­ac­tions not be­ing re­vers­ible. Ir­re­vers­ib­il­ity is a func­tion of Bit­coin, de­lib­er­ately de­signed to re­duce trans­ac­tion costs and im­prove ef­fi­ciency.
08/07/2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Jur­is­dic­tion­al is­sues Many com­ment­at­ors note that true de­cent­ral­isa­tion im­plies that en­force­ment of ob­lig­a­tions must be ef­fected through the sys­tem. A per­mis­sioned sys­tem may in­clude con­ven­tion­al gov­ern­ing law and jur­is­dic­tion pro­vi­sions with­in a con­trac­tu­al.
03/07/2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Leg­al Per­son­al­ity De­term­in­ing wheth­er a sys­tem has leg­al per­son­al­ity has im­plic­a­tions for many of the ques­tions con­sidered in re­la­tion to this top­ic. In 'Ho­ri­zon Scan­ning — Block­chain: The Leg­al Im­plic­a­tions of Dis­trib­uted Sys­tem­s', the Law So­ci­ety ques­tions.
19/06/2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Block­chain and oth­er dis­trib­uted ledger tech­no­lo­gies (DLT) are ap­proach­ing the main­stream. Tech­no­logy com­pan­ies of­fer products for com­mer­cial pro­jects. IB­M's Block­chain Plat­form ref­er­ences “500+ cli­ent en­gage­ments to date”.
18/04/2019
BARE­CON - The Im­port­ance of Class
In the re­cent case of Sil­ver­burn Ship­ping (IoM) Ltd -v- Ark Ship­ping Com­pany LLC [2019] EWHC 376 (Comm), the High Court ruled that an ob­lig­a­tion in a charter­party to keep a ves­sel in class is both an ab­so­lute ob­lig­a­tion and a con­di­tion.
23/01/2019
Hong Kong en­hances po­s­i­tion as hub for China-re­lated dis­putes
In a ma­jor de­vel­op­ment on 18 Janu­ary 2019, the Hong Kong Sec­ret­ary for Justice and the Vice-Pres­id­ent of the PRC Su­preme People’s Court signed an ar­range­ment greatly ex­pand­ing the cir­cum­stances in which judg­ments of the Hong Kong SAR courts will be re­cog­nised.
22/11/2018
New re­port | Con­nec­ted Fu­ture: in­vest­ment op­por­tun­it­ies in the rad­ic­ally...
Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives, but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing in­fra­struc­ture, such as di­git­al; on the oth­er hand, it.
14/06/2018
In­ter­na­tion­al PPAs: High Court pro­tects ar­bit­ra­tion pro­cess
In At­las Power Ltd v Na­tion­al Trans­mis­sion and Des­patch Com­pany Lim­ited [2018] EWHC 1052, the Eng­lish High Court gran­ted an anti-suit in­jec­tion to a group of in­de­pend­ent power pur­chasers in Pakistan (“IPPs”) to pre­vent a col­lat­er­al at­tack against an ar­bit­ral.
13/04/2018
The Acon­cagua Bay – “al­ways ac­cess­ible”
On 26 March 2018 the Com­mer­cial Court ruled, in an ex­tremely suc­cinct de­cision, that a war­ranty in a voy­age charter­party that a berth is “al­ways ac­cess­ible” en­com­passes both entry to and exit from the berth.