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    Back to basics - Hong Kong Court of Appeal queries approach to winding-up petitions where arbitration is involved
    2019-10-11

    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 to present a winding-up petition.

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    Chris Dobby , Karen Chan , Nigel Sharman
    Location:
    Hong Kong
    Firm:
    Hogan Lovells
    Winding-up Petition v Arbitration Clause: Hong Kong Court Dismisses Winding-up Petition in Favor of Arbitration Clause
    2018-04-04

    On 2 March 2018, the Hong Kong Court of First Instance (“CFI“) issued a notable decision which signifies a development of Hong Kong law in the contexts of insolvency and arbitration. The CFI held in Lasmos Limited v Southwest Pacific Bauxite (HK) Limited [2018] HKCFI 426 that a winding-up petition issued on the ground of insolvency should generally be dismissed if there is an arbitration clause contained in an agreement giving rise to a debt relied on to support the petition.

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Hogan Lovells, Liquidation
    Authors:
    James Kwan
    Location:
    Hong Kong
    Firm:
    Hogan Lovells
    Revisiting Chetty
    2015-12-22

    Section 133 of the Companies Act 71 of 2008 provides for a general moratorium on legal proceedings against a company in business rescue.

    I wrote an article published in the June issue of Without Prejudice in which this question was considered. I criticised the then binding judgment of Chetty t/a Nationwide Electrical v Hart NO and Another (12559/2012) [20141 ZAKZDHC 9 (25 March 2014), as it was held in that case that arbitration proceedings do not constitute legal proceedings for purposes of section 133 of the Act.

    Filed under:
    South Africa, Arbitration & ADR, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    Alex Eliott , Kylene Weyers
    Location:
    South Africa
    Firm:
    Hogan Lovells
    Educational lesson - Hong Kong court stays just and equitable winding-up petition to arbitration
    2022-05-03

    A Hong Kong court has stayed a petition presented on the just and equitable ground to arbitration, on the basis of arbitration agreements found within what the petitioner described as quasi-partnership agreements formed in 2007. The court also dismissed claims that the appointed arbitrator lacked the requisite qualifications and experience, and that a stay would lead to further costs and duplication of resources.

    Filed under:
    China, Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Hogan Lovells, Court of First Instance (Hong Kong)
    Authors:
    Nigel Sharman
    Location:
    China, Hong Kong
    Firm:
    Hogan Lovells
    Recent developments in Singapore’s quest to become Asia’s international debt restructuring hub
    2022-02-15

    Singapore is getting serious about becoming the region’s international insolvency hub. In this inaugural podcast from the International Insolvency Institute, Hon. Kevin Carey (Ret.) of Hogan Lovells discusses Hon. Christopher S. Sontchi‘s forthcoming move from Delaware bankruptcy judge to International Judge of the Singapore International Commercial Court (SICC).

    Filed under:
    Global, Singapore, Arbitration & ADR, Insolvency & Restructuring, Hogan Lovells
    Authors:
    Jonathan Leitch
    Location:
    Global, Singapore
    Firm:
    Hogan Lovells
    Hong Kong Court refuses to grant an antisuit injunction to stay a winding-up petition where an arbitration agreement existed
    2020-08-21

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

    21 August 2020

    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 winding-up of the BVI company in the High Court of the BVI.

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Hogan Lovells, Coronavirus, Court of First Instance (Hong Kong)
    Location:
    Hong Kong
    Firm:
    Hogan Lovells
    Hong Kong Court refuses to grant an antisuit injunction to stay a winding-up petition where an arbitration agreement existed
    2020-08-19

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

    19 August 2020

    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 winding-up of the BVI company in the High Court of the BVI.

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Hogan Lovells, Coronavirus, Hong Kong International Arbitration Centre
    Location:
    Hong Kong
    Firm:
    Hogan Lovells
    What's good for the goose Hong Kong Court revisits iconic insolvency decision
    2020-08-18

    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 roastgoose restaurant in the heart of Hong Kong's Central district, when determining whether to exercise its discretion to wind up a foreign-incorporated company. In this case, the court also refused to grant a stay of the petition in favor of arbitration.

    Florida escape

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Hogan Lovells, Hong Kong International Arbitration Centre
    Authors:
    Jonathan Leitch , Nigel Sharman
    Location:
    Hong Kong
    Firm:
    Hogan Lovells
    Does an arbitration agreement protect a debtor from the threat of liquidation?
    2020-07-27

    Does an arbitration agreement protect a

    debtor from the threat of liquidation?

    27 July 2020

    Filed under:
    Hong Kong, India, Singapore, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Hogan Lovells, Court of Appeal of England & Wales
    Location:
    Hong Kong, India, Singapore, United Kingdom
    Firm:
    Hogan Lovells
    Supreme Court reinstates adjudication as a key tool for liquidators
    2020-06-30

    An unfortunate but inevitable consequence of the economic downturn induced by COVID-19 is that an increasing number of construction companies will enter into insolvency. In Bresco Electrical Services Ltd (in liquidation) v. Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25, the Supreme Court has provided some respite to contractors in liquidation by finally confirming their unfettered right to refer construction disputes for resolution by adjudication.

    Filed under:
    United Kingdom, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, Dentons, Dispute resolution, Coronavirus, UK Supreme Court
    Authors:
    Ian Fox , George Harris
    Location:
    United Kingdom
    Firm:
    Dentons

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