Orrick, Herrington & Sutcliffe LLP (JD Supra Hong Kong)
Hong Kong's Court of Final Appeal Upholds LGBT Immigration Rights
Hong Kong’s top court has confirmed that the status of same-sex couples who have entered civil partnerships overseas is to be recognised when considering the grant of dependent visas. In QT v. Director of Immigration (FACV 1/2018), decided on 4 July 2018...
The Hong Kong Court of Final Appeal Delivers a US$130 Million Sanity Check
In Astro Nusantara International B.V. v. PT Ayunda Prima Mitra  HKCFA 12, a Singapore-seated arbitral tribunal, operating under SIAC rules, rendered a US$130 million award in favour of several parties who were not parties to the arbitration agreement.
Stepping In: Arbitration Can Benefit All Parties
Arbitration can be a simpler, more effective alternative to the Labour Tribunal yet surprisingly few people are familiar with the process. It’s not for every employee, or for every dispute, but arbitration makes sense up there in the C-suite. Originally published in Human Resources, the official journal of the Hong Kong Institute of Human Resource Management - July/August 2017.
Financing arbitration: Someone wants to pay your legal bills
Arbitration is quicker and more cost-effective than court. And no one likes paying legal bills. Life can be strange, however, and, in the arbitration context, perhaps neither of these “truisms” stands up any longer. It is now generally accepted that arbitration is at least as expensive as litigation, and takes just as long. Originally published in China Business Law Journal - July/August 2017.
Salary History To Ask or Not To Ask
The question of salary history has long been a topic of disagreement between employers and their prospective employees. One party wants to know, while the other prefers not to tell. Both have what they consider to be valid reasons for their standpoints, and there’s little room for compromise. After all, either a number is revealed or not. Originally published by Human Resources magazine -...
Hong Kong Enacts Apology Legislation
On 13 July 2017 the Hong Kong Legislative Council passed the Apology Ordinance. This decrees that an out-of-court expression of a person’s regret, sympathy or benevolence, including a statement that he is sorry about a particular matter, will not constitute an admission of fault or liability, or be generally admissible in civil proceedings taking place in Hong Kong before a court or arbitral...
Arbitration and Mediation in Hong Kong: Financial Assistance on the Way
Hong Kong has traditionally been reluctant to allow claimants’ legal costs to be paid by third parties who have no direct legitimate interest in the outcome of the dispute. By virtue of legislation passed earlier this week, the number of exceptions to the archaic legal principles on which this prohibition is based has been increased to allow the so-called “third-party funding” of arbitrations...
No Immunity for Chinese SOEs in the Hong Kong Courts
The Court of First Instance has confirmed that Mainland entities controlled by the PRC Central People’s Government benefit from “crown” immunity from suit and execution, whilst simultaneously ruling that state owned enterprises will not ordinarily be entitled to such immunity when carrying out commercial activities.
Arbitration 101: Why and How to Keep Your Company Out of Court
“Arbitration makes a lot of sense”, Charles Allen states. A general commercial disputes lawyer and currently a partner at Orrick, Herrington & Sutcliffe in Hong Kong, he practices across a wide range of different things. Human Resources magazine spoke to Allen about one of his fields of expertise: arbitration. Originally published in Human Resources magazine - April 6, 2017.
Further Guidance on Pre-IPO Investments from the Hong Kong Stock Exchange
Introduction - It is common for financial investors such as private equity funds and hedge funds to invest in unlisted securities of private companies (e.g., through the subscription of convertible debt instruments, preference shares and/or warrants) with a view to exit their investments in a future initial public offering (“IPO”) of such companies. A company that seeks to list its...