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Hong Kong court departs from English law in its approach to arbitration clauses in insolvency cases

Key takeaways

Hong Kong, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Reed Smith LLP
Hong Kong Court of Appeal to consider application of arbitration clauses in insolvency cases

Key takeaways

Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Reed Smith LLP, Court of First Instance (Hong Kong)
Hong Kong companies court considers impact of Re Guy Lam on arbitral disputes

In the latest decision of the Hong Kong court to consider the interplay between arbitration clauses and winding-up or bankruptcy petitions, on 22 May 2023, the Hon. Linda Chan J (the Judge) made a winding-up order against Simplicity & Vogue Retailing (HK) Co. Limited (the Company) and rejected the Company’s argument that the dispute over the underlying debt should be referred to arbitration.

Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Reed Smith LLP
Transferring Personally Identifiable Information in Bankruptcy M&A

With data privacy issues constantly in the news, what do businesses need to know about handling personal information when they’re considering bankruptcy, especially if some personal information – like customer records – may be a valuable asset?

Global, USA, Insolvency & Restructuring, IT & Data Protection, Weil Gotshal & Manges LLP, Personal data, Title 11 of the US Code, GDPR, California Consumer Privacy Act 2018 (USA)
Transferring Personally Identifiable Information in Bankruptcy M&A

With data privacy issues constantly in the news, what do businesses need to know about handling personal information when they’re considering bankruptcy, especially if some personal information – like customer records – may be a valuable asset?

USA, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, Litigation, Weil Gotshal & Manges LLP, Personal data, Federal Trade Commission (USA), Title 11 of the US Code