Our market-leading practice is launching the 11th edition of its Guide to Dispute Resolution in Asia Pacific next week. Join us for two webinars where our dispute resolution lawyers across the region will share the latest stories from the frontline. Date: 26 January 2021 Focus: Greater China region (including Hong Kong) Click here to register. … Read more

After abortive attempts in 2000-2001, 2008-2009, and 2014 to introduce a statutory corporate rescue procedure, the Hong Kong Government has recently announced in a paper submitted to the Legislative Council that it will present the Companies (Corporate Rescue) Bill (the “Bill”) to the Legislative Council in early 2021. Once enacted, the Bill will introduce a … Read more

The natural and most appropriate jurisdiction in which to wind up a company is its place of incorporation. The Hong Kong Companies Court, however, routinely deals with winding up petitions against companies which are incorporated outside Hong Kong, but listed on the Hong Kong Stock Exchange (“HKEx”). Given recent economic difficulties, the number of such … Read more

When the Hong Kong Court recognises offshore soft-touch provisional liquidation, will there be an automatic stay of proceedings in Hong Kong? Recently, in Re FDG Electric Vehicles Limited [2020] HKCFI 2931, the Companies Court answered “no”. In doing so, the Court revisited the wording of the standard-form recognition order. Soft-touch provisional liquidations A soft-touch provisional … Read more

The recent case of AB Club Ltd & Anors v Chan Yin Ki Cubie & Anors [2020] HKCFI 2769 reinforces the need for speed when seeking to enforce post-employment covenants. Any undue delay, even if only a matter of weeks, may mean a Court refuses to grant an interim injunction. Read more

In Joint And Several Provisional Liquidators Of Hsin Chong Construction Co Ltd (Provisional Liquidators Appointed) v. The Chinese University Of Hong Kong And Others [2020] HKCFI 2434, the Court dismissed the provisional liquidator’s application for directions on the distribution of funds, and explained that an application under section 200(3) of the Companies (Winding Up and … Read more

The Hong Kong High Court (the “Court”) dismissed an application by the Plaintiff for its main witness (the “Witness”), a Hong Kong businessman living in Singapore, to give evidence in trial by videoconference (“VCF”) (the “Application”) in the recent case of Wah Lun International Development Ltd v Lau Chiu Shing [2020] HKCFI 2572.  Background The … Read more

The long-running case of Xiamen Xinjingdi Group Co Ltd v Eton Properties Limited and Others [2020] HKCFA 32 finally came to an end when the Court of Final Appeal (the CFA) handed down its decision on 9 Oct 2020. In the judgment, the CFA clarifies that in a common law enforcement action on an arbitral … Read more