Asia Disputes Notes
Tag: insolvency
Showing 12 out of 12 results
Liquidators' wide-ranging application for documents dismissed by the English High Court
The English High Court has recently in Webb v Eversholt Rail Limited [2024] EWHC 2217 (Ch) dismissed an application by liquidators to obtain documents …
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 …
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), …
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 …
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., …
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 …
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 …
Keeping the door open: Hong Kong Court reaffirms commitment to mutual recognition of insolvency proceedings with Mainland China
Two recent cases, Re Guangdong Overseas Construction Corporation [2023] HKCFI 1340 (the "GOCC Case") and Re Trinity International Brands Limited [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 …
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 …
Hong Kong Court calls for “immediate” improvements to insolvency legislation
In The Joint and Several Provisional Liquidators of China Oil Gangran Energy Group Holdings Limited [2020] HKCFI 825, the Hong Kong Court continued a …
Hong Kong Court affirms discretion to wind up foreign company, refuses stay to arbitration
In Champ Prestige International Limited v China City Construction (International) Co, Limited and Dingway Investment Limited, the Hong Kong Court of …