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Hong Kong Court recognises foreign insolvency proceedings despite no COMI
In a previous blog post, we considered Re Global Brands Group Holdings Ltd [2022] HKCFI 1789 which reflects an alignment with the global trend to …
Hong Kong Court orders JPEX to return HK$1.85 million in USDT amid largest crypto fraud scandal
JP-EX Crypto Asset Platform Pty Ltd and its affiliated Hong Kong company (“JPEX”), a purported cryptocurrency exchange and investment …
Hong Kong Court dismisses trustee's petition to wind up XJ International Holdings as debt was found to be disputed
In Re XJ International Holdings Co Ltd [2024] HKCFI 1378, the Hong Kong Court dismissed a trustee's petition to wind up XJ International Holdings …
Hong Kong Court examines "choice of Mainland court agreement" under previous statutory regime of Mainland-Hong Kong reciprocal enforcement of judgments
Following our recent blogpost, the Hong Kong Court has considered another case under the previous statutory regime of Mainland-Hong Kong reciprocal …
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 considers requirements for shareholders commencing statutory derivative actions against companies
Under section 733 of the Companies Ordinance (Cap. 622) ("Ordinance"), a member of a company may bring proceedings if misconduct has been …
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 …
Hong Kong Court ordered disclosure of accounts to maintain healthy operation of decentralised autonomous organisation (DAO)
In a recent decision Mantra DAO Inc. and Another v John Patrick Mullin and Others [2024] HKCFI 2099, the Hong Kong Court issued a disclosure order …
Lessons from the CrowdStrike outage: Japan's approach to cyber security in contract arrangements and supply chains, and the implications of cyber incidents for commercial agreements
In July 2024, an update of the CrowdStrike Falcon platform provided by American company CrowdStrike caused global Windows system errors, 'crippling' key …
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), …
Hong Kong Court set aside registration of a Mainland judgment under the previous statutory regime of Mainland-Hong Kong reciprocal enforcement of judgments
The recent judgment of 信达澳亚基金管理有限公司 v 宜华生活科技股份有限公司 & Ors [2024] HKCFI 1957 concerns the application of the legal principles for registration and …
The Hong Kong Court of Final Appeal considers principles of Quistclose trust
The recent Court of Final Appeal (the "CFA") case of China Life Trustees Limited v China Energy Reserve and Chemicals Group Overseas Company …
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Simon Chapman KC
Partner, Regional Head of Practice - Dispute Resolution, Asia, Global Co-Head of International Arbitration, Hong Kong