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Changing the legal representative in China is about to become much easier

One of the key challenges for creditors in taking control of a mainland Chinese company in an enforcement type situation is how to remove the “legal representative”. New legislation coming into force on 1 July 2024 should...more

Arbitration Highlights in the Year of the Rabbit

As the world welcomes in the Year of the Rabbit, we look back at seven decisions that made an impact over the past year. In the decisions, the Hong Kong courts considered the circumstances in which interim relief should...more

Welcome Leverage – Hong Kong Court of Final Appeal confirms mere threat of winding-up is enough to confer jurisdiction

In Shandong Chenming Paper Holdings Limited v Arjowiggins HKK2 Limited [2022] HKCFA 11, the Court of Final Appeal has confirmed that the "leverage" created by the prospect of a winding-up – as opposed to the making of a...more

Ahead of the game – Hong Kong court gives advice to online entrepreneurs

Whilst on the face of it a recent Hong Kong court decision was about copyright ownership in an online game, the decision in Emagist Entertainment Ltd v Nether Games (Hong Kong) Ltd [2022] HKCFI 899 raises a host of other...more

Beyond the scope – Hong Kong court sets aside award that fell outside pleadings

The Hong Kong Court of First Instance has set aside an arbitral award ruling that the award was beyond the scope of what the parties pleaded in the arbitration. The court clarified that the courts will not hesitate to set...more

What's good for the goose – Hong Kong Court revisits iconic insolvency decision

In a recent judgment, the Hong Kong Court reiterated the principles outlined in Kam Leung Sui Kwan v. Kam Kwan Lai [2015] 18 HKCFAR 501 (Yung Kee), the case concerning the famous roast goose restaurant in the heart of Hong...more

No pain, no gain – English court finds that interim payments under a joint venture contract should not be adjusted for cost...

Construction companies entering into joint venture (JV) contracts should be cautious of entering into agreements where the responsibility for, and timing of cost overruns is not tightly specified, to avoid unexpected...more

Impact of the Coronavirus outbreak on M&A and JV Transactions

The outbreak of novel coronavirus 2019-nCoV ("Coronavirus") is an extraordinary challenge for many transactions involving Chinese companies. In this section, we analyse its impact on certain key aspects of mergers and...more

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