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    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
    Simplified procedure for initiating bankruptcy by the legal successors of banks
    2017-01-17

    In October 2016, the Chamber for Commercial Disputes at the Supreme Court of the Russian Federation considered the cassation appeal of Eurasian Trading Company LLC (hereinafter – the Trading Company) in Case № А57-16992/2015 against the court’s refusal to introduce monitoring procedures with respect to RBP JSC (hereinafter – the Debtor) and decision to dismiss the application by the Trading Company without consideration.

    Filed under:
    Russia, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Dentons
    Location:
    Russia
    Firm:
    Dentons
    Litigation. Major Russian legislation changes for 2015
    2016-02-08

    1. Adoption and entry into force of the Russian Federation Code of Administrative Procedure dated March 8, 2015, No. 21-FZ

    Filed under:
    Russia, Arbitration & ADR, Insolvency & Restructuring, Litigation, Dentons
    Authors:
    Mikhail Ivanov
    Location:
    Russia
    Firm:
    Dentons
    UNCITRAL Practice Guide on Cross-Border Insolvency Cooperation
    2010-02-03

    Summary

    On 1 July 2009, UNCITRAL adopted the Practice Guide on Cross-Border Insolvency Cooperation. The Practice Guide provides a useful reference source on some practical aspects of cooperation and communication to deal with many of the conflicts and tensions between stakeholders and jurisdictions inevitable in cross-border cases. To ease these tensions, it is often essential for creditors and, importantly, the courts concerned to reach agreement about how the process will be handled.

    International context

    Filed under:
    Global, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Dentons, Confidentiality, Consideration, UNCITRAL, European Commission, United States bankruptcy court
    Authors:
    Sarah Lawson
    Location:
    Global, United Kingdom
    Firm:
    Dentons

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