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Hong Kong Court of Appeal rules arbitration agreement trumps winding-up petition in insolvency

The Hong Kong Court of Appeal has finally laid to rest the vexed issue of whether an arbitration agreement or a winding-up petition should take precedence in an insolvency situation. In two parallel decisions, the Court of...more

Arbitration Highlights in the Year of the Dragon

In the year of the dragon, attention turns to the enforcement of arbitral awards. We look at five different Hong Kong decisions where enforcement or set aside has been the central issue often involving arguments of public...more

Cross-border enforcement of judgments – new mechanism comes into force 29 January 2024

A wide-ranging mechanism allowing for easier reciprocal enforcement of judgments in mainland China and Hong Kong will come into force on 29 January 2024. The new enforcement regime should reduce the need to re-litigate...more

Agree to disagree - does winding-up or arbitration take precedence in insolvency?

Three recent Hong Kong first instance court decisions have left undecided the question of whether a winding-up petition will trump an agreement to arbitrate when it comes to a winding-up and particularly in the context of...more

Kept-well: Hong Kong court hands keepwell trustee significant win

A Hong Kong court has awarded a trustee enforcing obligations under a keepwell deed more than US$489 million after finding the keepwell provider to be in breach. The decision by the Honourable Mr Justice Harris in Citicorp...more

6/19/2023  /  Creditors , Hong Kong , Insolvency , Trustees

A whole new world – Hong Kong court declares crypto assets are property and can be held on trust

A Hong Kong court has for the first time declared that cryptocurrencies are property and capable of being held on trust. In a landmark ruling, the Honourable Madam Justice Linda Chan, in Re Gatecoin Limited [2023] HKCFI 91,...more

NFT at your service – English court grants service of proceedings by blockchain

For the first time, the English court has granted permission for service of proceedings to be effected by non-fungible token (NFT) on the blockchain. The option to serve by NFT may be vital for victims of cryptocurrency fraud...more

Building a resilient tech strategy: Joint ventures

Building a resilient tech strategy is crucial to keep on top of the game. Most businesses, if they are not using technology already are probably looking into ways of using it to stay ahead of the pack. However, if your core...more

The US$4.5 billion Bitfinex hack – five things you should know

The hack of the Hong-Kong based crypto-exchange Bitfinex has been described as the “heist of the century”. Where a crypto-asset is in play in litigation, in particular as a potential target for enforcement, parties should be...more

Don't judge a book by its cover - Hong Kong court revisits "without prejudice" privilege

The Hong Kong Court of Appeal has confirmed the position that correspondence marked "without prejudice" may not in fact be inadmissible before the court notwithstanding the label. Whether there was an existing dispute is a...more

Three in a row – victims' tool to recover cyber fraud funds affirmed in Hong Kong

The Hong Kong court has reaffirmed its jurisdiction to grant vesting orders to assist victims of cyber fraud. The decision which is consistent with our recent success obtaining vesting orders for clients and two other 2021...more

Unfairly prejudiced? Don't get personal - English Court of Appeal stresses need for petitioners to plead "causal connection"...

Minority shareholders preparing unfair prejudice petitions should take note of a recent English Court of Appeal decision which highlighted the need for the petitioner to plead - and then prove - a "causal connection" between...more

Bond defaults - Hong Kong court tells mainland administrators: we recognise you, but you can't “stay” here

In a significant judgment, a Hong Kong court has recognized the Beijing administrators of the commercial arm of the Peking University group but granted only a limited stay of proceedings which means that bondholders and...more

Data class actions in Europe - and spotlights in Mexico, Russia and the U.S.

The General Data Protection Regulation 2016/679 (GDPR) provides means to enforce provisions related to personal data processing by you as a data controller or data processor. It introduces collective actions everywhere in...more

To trace or not to trace? Hong Kong Court reiterates applicable tracing principles for obtaining a proprietary relief in email...

In a recent High Court decision, the court rejected the plaintiff's application for a declaration that the defendant (a first layer recipient) held the total amount of three transfers that were mistakenly made by the...more

10/22/2020  /  Cyber Crimes , Email , Fraud , Hong Kong

Global Accountants’ Liability Update – September 2020

On 21 August 2020, the court of Chancery of the State of Delaware granted a motion brought by three Defendant KPMG firms to dismiss a cause of action seeking to hold KPMG LLP (KPMG US) liable as the agent of KPMG Cardenas...more

Call for consistency – Hong Kong Court delivers double message to insolvency practitioners

In a pair of recent contrasting judgments, Re Agritrade Resources Ltd [2020] HKCFI 1967 and Re Rare Earth Magnesium Technology Group Holdings Ltd [2020] HKCFI 2260, the Hong Kong Court has once again confirmed its pragmatic...more

The Law of the PRC on Safeguarding National Security in the HKSAR: Business Impact in Hong Kong

On the evening of 30 June 2020, the Hong Kong Government gazetted the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL) with the new law taking...more

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