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Insolvency vs Arbitration – Privy Council’s revival of the “Established Approach”

How does an arbitration clause, or an exclusive jurisdiction clause in favour of foreign courts, affect insolvency proceedings? The effect of an arbitration clause, or an exclusive jurisdiction clause in favour of foreign...more

Hong Kong ‘No Consent’ letters not guaranteed to freeze bank accounts

The Hong Kong Police Commissioner's use of the 'No Consent Regime' to encourage three banks to freeze customer bank accounts, in circumstances where the banks had no independent suspicion of unlawful activity by bank account...more

Singapore’s Proposal to Mandate Reference Checks and Misconduct Reporting

The Monetary Authority of Singapore (MAS) has issued a Consultation Paper on Proposals to Mandate Reference Checks. - All financial institutions and entities regulated by the MAS are proposed to be required to carry out...more

Australian Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry: Key Themes in the...

The final report (the Report) of the Australian Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Royal Commission) was released on 4 February 2019. The Report provides 76...more

Australian Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry: Key Themes in the...

The Australian Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry published its interim report on 28 September 2018 (Initial Report). It provides no formal recommendations but...more

Banks’ obligations to give foreign insolvency officeholders access to information and assets – a clear distinction

Speed read - On 7 February 2018, the Court of First Instance (CFI) published reasons for its decision in China Lumena New Materials Corp. Justice Harris reaffirmed his earlier decision and held that where foreign...more

2/21/2018  /  Banks , Hong Kong , Insolvency , Liquidation
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