Hong Kong: will Courts accept cryptocurrency as a security for costs?

In a recent English High Court decision, Tulip Trading Limited v Bitcoin Association for BSV [2022] EWHC 2 (Ch) and [2022] EWHC 141 (Ch), the Court refused the claimant’s request for security for costs to be paid in Bitcoin. This is the first English case where a party to litigation has sought to provide security in the form … Read more

Hong Kong Court holds that commercial decisions in a voluntary winding up fall in the remit of a liquidator

We previously wrote about the Court’s attitude to liquidators’ applications for directions on matters arising in a compulsory winding up (i.e., by the court) under section 200 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap. 32 (“CWUMPO“) (see our articles here and here). For voluntary winding ups, a similar provision, being section 255 … Read more

Hong Kong: Taking Mental Health Conditions into Account – Discriminatory or Obligatory?

In a recent District Court decision C v The Chinese University of Hong Kong [2022] HKDC 77, the Court considered whether the University’s decision to discontinue the studies of a student, C, who suffered from mental health conditions, was discriminatory. This case provides helpful guidance on navigating employment decisions, such as whether dismissal or disciplinary action is … Read more

SINGAPORE HIGH COURT HOLDS THAT ARBITRATION CLAUSE MISNAMING AN ARBITRAL INSTITUTION IS VALID

The Singapore High Court has interpreted a potentially defective arbitration clause, which selected the “China International Arbitration Center” (a non-existent institution), as an agreement to CIETAC arbitration and therefore upheld an award issued by a CIETAC Tribunal. The Court held that, provided the parties objectively intended to refer to the same arbitral institution (rather than … Read more

Hong Kong Court issues letter of request under Mainland-Hong Kong arrangement for mutual recognition of insolvency in respect of Cayman-incorporated company

In a further development to cross-border insolvency cooperation between Hong Kong and Mainland China, the Hong Kong Court has issued a letter of request to a Mainland Court requesting recognition and assistance of Hong Kong liquidators appointed over a Cayman company, under the mutual recognition arrangement introduced on 14 May 2021 (the “Arrangement“, see our … Read more

Hong Kong gazettes success fee Bill

Hong Kong has officially published a Bill that would allow lawyers to agree outcome-based fees for arbitration work in the territory. If, as expected, the Bill passes into law later this year, it will allow lawyers in and outside Hong Kong to agree fees based on their clients’ success in the arbitration. This is a sea-change for … Read more