The scope for springboard injunctions in Hong Kong has been confirmed by the Hong Kong Court of First Instance (CFI) as extending to circumstances where contractual or fiduciary duties have been breached. The CFI found, in McLarens Hong Kong Ltd v Poon Chi Fai Corey, that a breach by senior employees of their fiduciary duties … Read more
As the spotlight shines on mediated settlements with the signing of the Singapore Convention on Mediation on 7 August 2019, it is timely to recall that settlement agreements, like any other contract, are only as useful as they are enforceable. While parties may often feel that they have completed the hard work in reaching a … Read more
In But Ka Chon v Interactive Brokers LLC [2019] HKCA 873, the Hong Kong Court of Appeal dismissed an appeal to set aside a statutory demand arising out of online forex futures trading debts. In doing so, Vice-President Kwan of the Court of Appeal made obiter comments on the circumstances in which a winding-up petition … Read more
In Yeung Lui Ming v Tang Mo Lin Irene [2019] HKCFI 1848, the Hong Kong Court of First Instance set aside a sale of cemetery sites and a transfer of shares by a bankrupt individual on the basis that they constituted transactions at an undervalue and/or disposals with intent to defraud the creditors. In arriving … Read more
In Re Galleria (Hong Kong) Limited [2019] HKCFI 1877, the Hong Kong Court of First Instance examined the legal principles in relation to dishonesty and blind-eye knowledge. Background This was an action brought by the liquidators of Galleria (Hong Kong) Limited (GHK) against a bank (the Bank), which was one of GHK’s former lenders, for … Read more
In Re A Civil Matter Now Pending in United States District Court for the Western District of Washington [2019] HKCFI 1738 , the Hong Kong Court of First Instance rejected two letters of request (the “LORs“) from the Washington Federal Court seeking to compel two distressed debt investors to give evidence. The general principle is … Read more
After extensive discussions between member states, the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention, was signed today. A total of 46 countries signed the Convention, including the world’s two largest economies, the US and China, and several of the largest economies in Asia. This is the … Read more
The Mane Forum was held today in Singapore on the eve of a historic moment – the signing of the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention. This morning, the Singapore International Mediation Centre signed a Memorandum of Understanding with China International Economic and Trade Arbitration … Read more
