Asia Disputes Notes

Keeping the door open: Hong Kong Court reaffirms commitment to mutual recognition of insolvency proceedings with Mainland China

Two recent cases, Re Guangdong Overseas Construction Corporation [2023] HKCFI 1340 (the "GOCC Case") and Re Trinity International Brands Limited [2023] …

Clearing up the cloud? Perhaps partly, as the Court of Final Appeal affirms the approach to dismissing bankruptcy proceedings in favour of the parties' agreed forum

If a debt arises from a contract that contains an exclusive jurisdiction clause (EJC) in favour of a foreign court, how will the Hong Kong court deal …

Hong Kong Court of Appeal considers the effect of exclusive jurisdiction clause on bankruptcy proceedings

Herbert Smith Freehills successfully strike out a HK$3 billion fraudulent trading claim commenced against an IPO sponsor in breach of mandatory procedural rules

COMI is first port of call – a modified framework for recognising foreign insolvency proceedings in Hong Kong

Nail in the coffin for truant foreign debtors with Hong Kong link – highest court's pragmatic approach welcome

Herbert Smith Freehills secures further victory in Hong Kong's Court of Appeal for bank in defending liquidator claim for fraud

Hong Kong Court holds that commercial decisions in a voluntary winding up fall in the remit of a liquidator

Hong Kong Court issues letter of request under Mainland-Hong Kong arrangement for mutual recognition of insolvency in respect of Cayman-incorporated company

Hong Kong Court refused to wind up a foreign company as liquidators would not have any power over offshore subsidiaries

Hong Kong court considers grounds for striking out claims of dishonest assistance, knowing receipt and fraudulent trading

To ask or not to ask? That is the question (2)