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Tag: arbitration clause

Showing 8 out of 8 results

09 September 2024

Hong Kong Court of First Instance follows the Guy Lam approach notwithstanding the recent English Privy Council's decision in Sian Participation

We recently blogged (here) about the Privy Council decision of Sian Participation Corporation (In Liquidation) v Halimeda International Ltd [2024] UKPC …

21 August 2024

Reshaping the Guy Lam principle? The implication of the English Privy Council decision on Hong Kong's approach to the effect of contractual dispute resolution clauses on winding up proceedings

In a recent landmark decision Sian Participation Corporation (In Liquidation) v Halimeda International Ltd [2024] UKPC 16 (Sian, see our blog post here), …

08 May 2024

Navigating the crossroads between arbitration and insolvency proceedings: the Hong Kong Court of Appeal applies Guy Lam principles in a winding up case involving an arbitration clause

Can a creditor obtain a winding up order against a debtor company if the underlying dispute over the debt is subject to an arbitration agreement between …

24 April 2024

Herbert Smith Freehills successfully acts for the Petitioner in a Court of Appeal case examining the role of arbitration clauses in winding up proceedings

Herbert Smith Freehills secured another victory for the Petitioner in the high-profile Court of Appeal case Simplicity & Vogue Retailing (HK) Co., …

24 October 2023

What is the effect of Guy Lam on winding up petitions involving an arbitration clause? A third voice

Where a winding up petition is based on a debt arising from a contract with a non-Hong Kong exclusive jurisdiction clause, the court will tend to dismiss …

29 August 2023

Can you petition for winding up if your debt is subject to arbitration? The debate continues

Following the Court of Final Appeal's landmark decision in Guy Lam, Hong Kong's Court of First Instance (the "Court") considers that winding up petitions …

12 June 2023

Hong Kong Companies Court clarifies the applicability of Re Guy Kwok Hung Lam to cases involving an arbitration clause

In Simplicity & Vogue Retailing (HK) Co., Limited [2023] HKCFI 1443, the Hong Kong Companies Court (the "Court") made a winding up order against the …

10 May 2023

Clearing up the cloud? Perhaps partly, as the Court of Final Appeal affirms the approach to dismissing bankruptcy proceedings in favour of the parties' agreed forum

If a debt arises from a contract that contains an exclusive jurisdiction clause (EJC) in favour of a foreign court, how will the Hong Kong court deal …