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Winding Up Petitions Contract Terms

Latham & Watkins LLP

Hong Kong Court Orders Winding-Up of Company Despite Parties’ Arbitration Agreement

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A recent ruling shows that an arbitration agreement alone is not necessarily a complete defence to a Hong Kong winding-up petition. The Hong Kong Companies Court recently issued a winding-up order against a debtor company,...more

Hogan Lovells

Educational lesson – Hong Kong court stays just and equitable winding-up petition to arbitration

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Student loan debt is a complex issue for both employees and employers. Employees must live with the overwhelming burden of paying off the loan in addition to paying personal expenses. However, employers who offer valuable...more

Hogan Lovells

Hong Kong Court refuses to grant an anti-suit injunction to stay a winding-up petition where an arbitration agreement existed

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The Hong Kong Court of First Instance has dismissed an application by a British Virgin Islands (BVI) company (C) for an interim anti-suit injunction against proceedings commenced by a Cayman Islands company (D) for the...more

Hogan Lovells

Hong Kong Court refuses to grant an antisuit injunction to stay a winding-up petition where an arbitration agreement existed

Hogan Lovells on

The Hong Kong Court of First Instance has dismissed an application by a British Virgin Islands (BVI) company (C) for an interim anti-suit injunction against proceedings commenced by a Cayman Islands company (D) for the...more

Hogan Lovells

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

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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

Hogan Lovells

COVID-19 UK – Additional breathing space…but tenants who can pay should

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Most commercial leases require the tenant to pay its rent quarterly, and invariably include a provision allowing the landlord to forfeit if that rent has been unpaid for a period of time, e.g. 7, 14 or 21 days.  Outside of...more

Jones Day

Singapore: Winding-Up Proceedings Should Be Stayed When There is a Valid Arbitration Agreement

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The winding-up process in Singapore is no longer available in respect of debt claims that are subject to a valid arbitration clause, except in extremely limited circumstances. On April 7, 2020, the Singapore Court of...more

Hogan Lovells

A strong statement – Hong Kong court says arbitration agreement is "irrelevant" to the exercise of courts discretion in a...

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Another Hong Kong court decision has questioned whether the judgment in the leading case of Lasmos Limited v. Southwest Pacific Bauxite (HK) Limited [2018] HKCFI 426, may have gone too far when it suggested that an...more

Hogan Lovells

Back to basics - Hong Kong Court of Appeal queries approach to winding-up petitions where arbitration is involved

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The Hong Kong Court of Appeal has suggested that a previous Court decision may have overstepped the mark by suggesting that an arbitration clause in a client agreement should generally take precedence over a creditor's right...more

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