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    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
    A welcome red packet - Hong Kong court recognises mainland Chinese administrators for first time
    2020-01-17

    Just in time for Chinese New Year, a Hong Kong court has taken a major step forward in the developing law on cross-border insolvency by recognising a mainland Chinese liquidation for the first time. InJoint 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:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Hogan Lovells, Debtor, Investment funds, House of Lords
    Authors:
    Jonathan Leitch , Nigel Sharman
    Location:
    China, Hong Kong
    Firm:
    Hogan Lovells
    Real and discernible benefit - Hong Kong court sets out principles for winding-up offshore holding companies
    2021-11-18

    In two recent judgments, the Hong Kong companies court has set out the principles applicable to winding up companies holding operating subsidiaries in the mainland through intermediate subsidiaries incorporated offshore, most commonly in the BVI. In doing so, the Honourable Mr. Justice Harris highlighted the need for the petitioner to demonstrate a "real and discernible benefit" to creditors, something which will be challenging to prove if the company’s centre of main interests is not in Hong Kong.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    Jonathan Leitch , Nigel Sharman
    Location:
    Hong Kong
    Firm:
    Hogan Lovells
    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
    终获一席之地:两地就破产合作达成新共识,外国债权人喜获更多保障
    2021-07-13

    随着香港及内地就相互认可和协助破产程序及重组事务达成共识,一个新纪元到来了。从今往后,希望通过中国债务人位于香港的财产收回欠款的债权人,或是拥有内地财产的香港运营实体的债权人,终于在谈判桌前享有了话语权。

    随着香港及内地就相互认可和协助破产程序及重组事务达成共识,一个新纪元到来了。从今往后,希望通过中国债务人位于香港的财产收回欠款的债权人,或是拥有内地财产的香港运营实体的债权人,终于在谈判桌前享有了话语权。

    霍金路伟最新一期《投资中国:法律监管信息速递》专题系列将为您深度探秘下列安排:

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

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