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    Landmark order recognizes Hong Kong insolvency proceedings in Singapore
    2020-08-07

    The Singapore High Court has recently granted recognition to Hong Kong liquidation proceedings and liquidators for the first time under Singapore's enactment of the United Nations Commission on International Trade Law Model Law on Cross Border Insolvency (the model law).

    Filed under:
    Hong Kong, Singapore, Insolvency & Restructuring, Litigation, Hogan Lovells, Singapore High Court
    Authors:
    Jonathan Leitch , Chris Dobby , Carol Hartopp , Nigel Sharman
    Location:
    Hong Kong, Singapore
    Firm:
    Hogan Lovells
    Hong Kong court highlights COMI over place of incorporation when recognising foreign insolvency processes
    2022-08-05

    The Hong Kong court has confirmed that – going forward – the court is ready to recognize and assist a foreign insolvency process conducted in the company’s center of main interests (COMI) and that it will no longer be necessary for the foreign insolvency process to be carried out in a company’s place of incorporation. The judgment sets out a practical roadmap for the future of cross-border insolvency in Hong Kong, where listed companies that use complex holding company structures find themselves in difficulty.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Hogan Lovells
    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
    Deja vu? Hong Kong court orders winding-up of Bermuda-based listco despite PLs' objections
    2022-07-22

    The Court of First Instance held in Re Up Energy Development Group Limited [2022] HKCFI 1329 that where the three core requirements for winding-up a foreign company under section 327(1) of the Companies (Winding up and Miscellaneous Provisions) Ordinance (Cap. 32) (CWUMPO) are satisfied, the mere fact that the foreign company has been ordered to be wound up by the court in its place of incorporation is not a ground for the Hong Kong court to decline the making of a winding up order.

    A former listco

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    Jonathan Leitch , Nigel Sharman
    Location:
    Hong Kong
    Firm:
    Hogan Lovells
    Does an arbitration agreement protect a debtor from the threat of liquidation?
    2020-07-14

    In several Commonwealth jurisdictions, the corporate legislation allows creditors to petition a court to order the winding up of a debtor in circumstances where that debtor is unable to pay its debts as they fall due. Such legislation generally presumes that the debtor is insolvent if it has failed to comply with a statutory notice requiring the debtor to pay a certain debt within a given period of time (a statutory demand).

    Filed under:
    Global, Hong Kong, India, Singapore, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    James Kwan , Jonathan Leitch , Chris Dobby
    Location:
    Global, Hong Kong, India, Singapore, United Kingdom
    Firm:
    Hogan Lovells
    Welcome Leverage - Hong Kong Court of Final Appeal confirms mere threat of winding-up is enough to confer jurisdiction
    2022-07-12

    In Shandong Chenming Paper Holdings Limited v Arjowiggins HKK2 Limited [2022] HKCFA 11, the Court of Final Appeal has confirmed that the "leverage" created by the prospect of a winding-up – as opposed to the making of a winding-up order – provides a legitimate form of "benefit" for the purposes of satisfying the second of the three "core requirements" for winding up a foreign incorporated company in Hong Kong.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    Jonathan Leitch , Yolanda Lau , Nigel Sharman
    Location:
    Hong Kong
    Firm:
    Hogan Lovells
    A strong statement - Hong Kong court says arbitration agreement is "irrelevant" to the exercise of courts discretion in a winding-up
    2020-04-22

    Another Hong Kong court decision has questioned whether the judgment in the leading case of Lasmos Limited v. Southwest Pacific Bauxite (HK) Limited [2018] HKCFI 426, may have gone too far when it suggested that an arbitration clause in an 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, Arbitration clause, Good faith
    Authors:
    Nigel Sharman
    Location:
    Hong Kong
    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
    A welcome red packet - Hong Kong court recognizes mainland Chinese administrators for first time
    2020-01-20

    Just in time for the Chinese New Year, a Hong Kong court has taken a major step forward in the developing law on cross-border insolvency by recognizing a mainland Chinese liquidation for the first time. In the Joint and Several Liquidators of CEFC Shanghai International Group Ltd [2020] HKCFI 167, Mr. Justice Harris granted recognition and assistance to mainland administrators in Hong Kong so they could perform their functions and protect assets held in Hong Kong from enforcement.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Hogan Lovells, Debtor, Investment funds, House of Lords
    Authors:
    Chris Dobby , Nigel Sharman , Karen Chan , Jonathan Leitch , Byron Phillips
    Location:
    Hong Kong
    Firm:
    Hogan Lovells
    PRC court makes first recognition order under new Hong Kong - PRC insolvency arrangement
    2022-01-14

    In a significant decision, the Shenzhen Intermediate People's Court (Shenzhen court) has ordered formal recognition in the mainland for Hong Kong appointed liquidators. This is the first occasion on which a mainland court has formally recognized and granted assistance to Hong Kong liquidators, expressly granting them powers to deal with assets located in the mainland under the new insolvency co-operation mechanism concluded between Hong Kong and the mainland.

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    Jonathan Leitch , Yolanda Lau , Nigel Sharman
    Location:
    China, Hong Kong
    Firm:
    Hogan Lovells

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