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    You big old softie you: Hong Kong Court grants power to foreign soft-touch provisional liquidators to facilitate restructuring
    2020-04-08

    In Joint Provisional Liquidators of Moody Technology Holdings Ltd [2020] HKCFI 416, the Hong Kong Court of First Instance (the “Hong KongCourt”) granted a recognition order to foreign provisional liquidators who were appointed on a soft-touch basis, to explore and facilitate the restructuring of a company. The order was made despite soft-touch provisional liquidation being per se impermissible in Hong Kong.

    Background

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Gareth Thomas , Dominic Geiser , Alexander Aitken , Philip Lis , Peter Ng
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Court of Appeal upholds strict interpretation of the “Duomatic” principle, which allows informal shareholder approval of company decisions
    2019-12-16

    In a recent decision, the Court of Appeal reconfirmed that the Duomatic principle can only apply where all shareholders have approved the relevant act of the company. It is not enough that a relevant individual would have approved the act had they known about it: Dickinson v NAL Realisations (Staffordshire) Ltd [2019] EWCA CIV 2146.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Board of directors, Companies Act 2006 (UK)
    Authors:
    Natasha Johnson , Andrew Cooke
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    A significant step towards simpler judicial procedures and reduced re-litigation: Hong Kong and the Mainland sign a broader arrangement to recognise and enforce judgments in civil and commercial matters
    2019-01-25

    On Friday 18 January 2019, Hong Kong and the Mainland reached a milestone by signing the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters between the Courts of the Mainland and of the Hong Kong Special Administrative Region (“Arrangement“). When taken together with other similar arrangements that are in train, the Mainland Supreme People’s Court envisages that approximately 90% of judgments of a civil and commercial nature will soon be reciprocally recognised and enforced between Hong Kong and the Mainland.

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Gareth Thomas , Dominic Geiser , Jojo Fan , Priya Aswani
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Australia’s new ipso facto regime is now live: Are your contractual rights affected?
    2018-07-03

    Australia’s new ipso facto regime is now in effect. It stays the enforcement of contractual rights triggered upon the entry of a corporate counterparty into certain restructuring and insolvency processes. The regime will affect a broad range of contracts entered into on or after 1 July 2018; however, certain contracts and contractual rights have been excluded from the operation of the stay pursuant to statutory instruments which have just been issued.

    Filed under:
    Australia, Company & Commercial, Employee Benefits & Pensions, Insolvency & Restructuring, Projects & Procurement, Herbert Smith Freehills LLP
    Authors:
    Paul Apáthy , Andrew Rich
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    High Court decision may make it more difficult to bring claims against foreign parties under section 423 Insolvency Act (transactions defrauding creditors)
    2017-12-11

    The High Court has held that a claim by a creditor under section 423 of the Insolvency Act 1986 does not fall within the jurisdictional gateway permitting service out of the jurisdiction at common law for claims “under an enactment which allows proceedings to be brought”: Orexim Trading Limited v Mahavir Port and Terminal Private Limited [2017] EWHC 2663 (Comm).

    Filed under:
    European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Insolvency Act 1986 (UK), Companies Act 1985 (UK), High Court of Justice
    Authors:
    John Whiteoak , Andrew Cooke
    Location:
    European Union, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Australian government releases draft insolvent trading and ipso facto legislation
    2017-04-05

    On 28 March 2017, the Australian Federal Government (Government) released draft legislation in relation to two major reforms intended to encourage turnaround, restructuring and business rescue.

    The draft legislation introduces a safe harbour for directors from liability for insolvent trading, and stays the operation of ipso facto clauses where a company enters into administration or proposes a scheme of arrangement.

    EXECUTIVE SUMMARY

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Bankruptcy, Corporations Act 2001 (Australia)
    Authors:
    Paul Apáthy , Lisa Filippin
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Australian Construction Dispute resolution Newsletter - October 2016
    2016-10-14

    Welcome to this issue of Herbert Smith Freehills' Australian Construction Dispute Resolution Newsletter.

    This newsletter updates you on legal developments relevant to your industry by featuring Australian court decisions and legislative developments of particular interest.

    In this issue, we look at:

    Filed under:
    Australia, Arbitration & ADR, Company & Commercial, Construction, Insolvency & Restructuring, Herbert Smith Freehills LLP, Credit card, Dispute resolution, Liquidated damages, High Court of Australia
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Australian Government forges ahead with major insolvency law reform
    2016-05-04

    On 29 April 2016, the Australian Federal Government (Government) announced three major insolvency law reform proposals in its Improving Bankruptcy and Insolvency Laws Proposal Paper1 (Proposal). The Government has invited submissions from stakeholders and given this is a rare opportunity to undertake substantial reform, we strongly encourage involvement. 

    Filed under:
    Australia, Insolvency & Restructuring, Herbert Smith Freehills LLP, Stakeholder (corporate)
    Authors:
    Paul Apáthy
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    France: Macron law adopted
    2015-09-28

    Law n°2015 990 for growth, activity and equality of economic opportunities, the Macron Law, was finally adopted on 6 August 2015. This law covers a wide range of matters from Sunday working, reform of regulated legal professions to driving licences.

    Relaxing of the Regime for Free Shares

    Filed under:
    France, Company & Commercial, Employee Benefits & Pensions, Insolvency & Restructuring, Herbert Smith Freehills LLP
    Location:
    France
    Firm:
    Herbert Smith Freehills LLP
    English Court of Appeal considers whether the mandatory stay provisions of s9(1) of the Arbitration Act of 1996 apply to winding-up petitions
    2014-12-15

    The English Court of Appeal dismissed an appeal brought against a recent High Court decision to stay a winding-up petition in favour of arbitration proceedings, in Salford Estates (No. 2) Limited v Altomart Limited [2014] EWCA 575 Civ.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Liquidation, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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