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Who foots the bill following the reversal of a bankruptcy order?

Back on 4 May 2023, the Hong Kong Court of Final Appeal (the “CFA”) in Re Guy Kwok-Hung Lam [2023] HKCFA 9 delivered a ground breaking judgment in relation to whether a foreign exclusive jurisdiction clause (EJC) should be upheld in insolvency cases, upholding the Court of Appeal’s (the “CA”) judgment that, in an ordinary case where there is an EJC, absent any countervailing factors such as the risk of insolvency affecting third parties and a dispute that borders on the frivolous or abuse of process, the petitioner and the debtor ought to be held to their contract and to submit their disput

Hong Kong, Insolvency & Restructuring, Litigation, Hill Dickinson
Major developments in China’s surging restructuring market

Nuo Ji, Lingqi Wang, Jessica Li and Sylvia Zhang, Fangda Partners

This is an extract from the 2024 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.

In summary

China, Insolvency & Restructuring, Litigation, Global Restructuring Review, Bankruptcy, Supply chain, Belt and Road Initiative, National People's Congress (China), Law on Enterprise Bankruptcy of the People's Republic of China 2007, Enterprise Bankruptcy Law 2006 (China), Supreme People's Court
Business turnaround following the covid-19 pandemic in Japan

Hajime Ueno, Masaru Shibahara and Kotaro Fuji, Nishimura & Asahi

This is an extract from the 2024 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.

This is an Insight article, written by a selected partner as part of GRR's co-published content. Read more on Insight

Japan, Company & Commercial, Insolvency & Restructuring, Litigation, Global Restructuring Review, Private equity, Due diligence, Digital transformation, Insolvency
Latest developments in Hong Kong restructuring law

Heidi Chui, Stevenson, Wong & Co

This is an extract from the 2024 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.

This is an Insight article, written by a selected partner as part of GRR's co-published content. Read more on Insight

In summary

Hong Kong, Insolvency & Restructuring, Litigation, Global Restructuring Review
Adaptations to Singapore’s insolvency regime in the post-pandemic era

Swee Siang Boey and Suchitra Kumar, RPC Premier Law

This is an extract from the 2024 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.

This is an Insight article, written by a selected partner as part of GRR's co-published content. Read more on Insight

Singapore, Insolvency & Restructuring, Litigation, Global Restructuring Review, Supply chain, Mediation, Liquidation, Due diligence, Cryptocurrency, Insolvency, Singapore High Court
HMRC proves clear willingness to fight for preferential ranking

Matthew Czyzyk, Natalie Blanc and Toby Morris, Ropes & Gray

This is an extract from the 2023 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

This is an Insight article, written by a selected partner as part of GRR's co-published content. Read more on Insight

United Kingdom, Insolvency & Restructuring, Tax, Global Restructuring Review, Insolvency, HM Revenue and Customs (UK), Companies Act 2006 (UK), Corporate Insolvency and Governance Act 2020
Hong Kong’s Court of Final Appeal provides clarity in landmark judgment giving primacy to an exclusive jurisdiction clause over insolvency proceedings

Hill Dickinson’s Hong Kong Commercial and Insolvency Disputes team acted for the successful respondent in Guy Kwok-Hung Lam (Respondent) -v- Tor Asia Credit Master Fund LP (Appellant) Final Appeal No.13 of 2022 (on appeal from CACV No. 393 of 2021 [2023] HKCFA 9).

Hong Kong, Insolvency & Restructuring, Litigation, Hill Dickinson, Insolvency, U.S. Court of Appeals
Could a director of an insolvent company, who was held to be in breach of his directorial duties, be ordered to draw down his personal pension benefits to pay a judgment debt?

Could a director of an insolvent company, who was held to be in breach of his directorial duties, be ordered to draw down his personal pension benefits to pay a judgment debt?

United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Hill Dickinson, Insolvency, Pensions Act 1995 (UK)
Corporate Insolvency and Restructuring Legal Framework in Cyprus: A Shift Towards a Rescue Culture

Artemis Amalia Metaxa, Chrysostomides Advocates & Legal Consultants

This is an extract from the 2023 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

This is an Insight article, written by a selected partner as part of GRR's co-published content. Read more on Insight

In summary

Cyprus, Insolvency & Restructuring, Litigation, Global Restructuring Review, Liquidation, Insolvency
What to expect in the European restructuring market in 2023

Mark Fine, Aymen Mahmoud and Sunay Radia, McDermott Will & Emery

This is an extract from the 2023 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

European Union, Insolvency & Restructuring, Litigation, Global Restructuring Review, Supply chain, Liquidation, EBITDA, Force majeure, Prudential Regulation Authority (UK)