Kidon IP War Stories David Cohen & Doug Clark
Nota Bene Episode 91: China Q3 Check In - Trade Wars, GDP Growth, Pandemic Comparatives, and Hong Kong with Michael Zhang
Daily Compliance News: May 25, 2020-the Memorial Day edition
A Conversation with Lindsay Chu on Asia Restructurings
A Conversation with Rajiv Gupta on Asia Restructurings
A Conversation with David Heller on Asia Restructurings
On March 19, 2025, the Hong Kong Court of Final Appeal ("CFA") issued a landmark ruling on the enforceability of "keepwell deeds" in Peking University Founder Group Company Limited v. Nuoxi Capital Limited....more
No loss to issuers puts note trustees in the spotlight. The Hong Kong Court of Final Appeal (CFA) has overturned the Court of Appeal’s order that Peking University Founder Group Company Limited (PUFG), as the keepwell...more
In Sze Fung Engineering Limited v Trevi Construction Company Limited [2025] HKCA 278, the Hong Kong Court of Appeal (“CA”) ruled that the “back to back” wording in that case was not a “pay when paid” clause, but governed only...more
The arbitration infrastructure of Hong Kong and Singapore is broadly similar, built on arbitration-friendly legislation, pro-arbitration courts and a consistent reputation for neutrality in the context of arbitration. Indeed,...more
The Fourth Circuit Court of Appeals recently rejected challenges to a district court’s decision to confirm a Hong Kong arbitration award, including arguments that confirming the award violated public policy and international...more
If the agreement between a creditor and debtor refers disputes to arbitration, what limits should be placed on the creditor to pursue winding-up proceedings based on an unpaid debt under that agreement? Should a court simply...more
In CMBICDHAW Investments Limited v CDH Fund V Limited Partnership & others [2024] HKCA 516 (judgment date: 10 July 2024), the Hong Kong Court of Appeal (CA) addressed an appeal regarding the Court of First Instance’s (CFI)...more
A fire service contractor in Hong Kong has partially succeeded in its appeal against the order of the Fire Service Installation Contractors Disciplinary Board temporarily removing it from the Register of Fire Service...more
In Founder Group (Hong Kong) Ltd v Singapore JHC Co Pte Ltd (2023), the Court of Appeal set limits on a debtor’s ability to resist a winding up application by pointing to an arbitration clause in the underlying agreement....more
The Cayman Islands Grand Court recently delivered its judgment in Re Shinsun Holdings (Group) Co., Ltd. FSD 192 of 2022 (DDJ) (21 April 2023) (unreported) (the “Shinsun Judgment”) in which the court determined the ultimate...more
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
In C v D [2023] HKCFA 16, the Hong Kong Court of Final Appeal confirmed that compliance with pre-arbitration conditions in an escalation clause is a matter of admissibility, rather than a jurisdictional issue, and is not...more
The Quincecare duty has become a popular tool for companies (or their liquidators) to claim against banks for funds misappropriated on wrongful payment instructions. It requires a bank to refrain from executing a payment...more
It is well-established in Hong Kong that the test for determining the validity of an opposition to a winding-up petition is whether the petition debt is disputed in good faith on substantial grounds. In Sun Fung Timber...more
John Wiley & Sons UK2 LLP v Collector of Stamp Revenue [2021] 5 HKLRD 20, [2021] HKCFI 3060 was a ruling on whether the Court of First Instance has jurisdiction to hear a stamp duty appeal under section 14 of the Stamp Duty...more
On 12 October 2021, the Competition Tribunal (“Tribunal”) handed down its judgment on the merits of the first private action in Hong Kong for a contravention of a competition rule (“contravention”). This case concerns an...more
On 12 October 2021, the Competition Tribunal (“Tribunal”) handed down its judgment on the merits of the first private action in Hong Kong seeking remedies against the contravening party for a contravention of a competition...more
In the recent important decision of Law Ting Pong Secondary School v Chen Wai Wah [2021] CA 873, the Hong Kong Court of Appeal adopted the modern test for penalty clauses as laid down in the UK Supreme Court decision in...more
We all have had to arrange clients to sign the required “statement of truth” concerning the contents of pleadings in court proceedings. Some arbitrators are directing similar signed statements on statements of case and...more
In HKSAR v Gammon Construction Limited (HCMA 97/2019) [2020] HKCA 752 (Date of Judgment: 7 September 2020), the Hong Kong Court of Appeal (the “Court”) dismissed a magistracy appeal against the conviction of a principal...more
Remeasurement provisions are commonly used in construction and engineering contracts where there is uncertainty as to the quantity of work to be performed by the contractor. Remeasurement may be desirable in these situations,...more
Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more
Following the conclusion of Pride Month, it seems only fitting to address a relevant outcome in the cross-border context, which also has an impact on global employers and their employee benefits offerings. In, Leung Chun...more
Hong Kong's Court of Final Appeal (CFA) has ruled in favor of a senior immigration officer in his battle to have his marriage to British citizen officially recognized. ...more
On 12 October 2018, the Court of Final Appeal (CFA) found former executives of a listed company, Asia TeleMedia Limited (ATML) culpable for insider dealing. The majority four to one decision examines the "innocent purpose"...more