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The Hong Kong Court of Final Appeal has taken a practical approach in interpreting the second core requirement, out of three needed, for a Hong Kong Court to exercise its discretion to wind up a foreign company. Bringing much relief to creditors, it has decided that commercial pressure to achieve repayment of a debt is … Read more
Mark Smyth (Partner, Sydney) and Jojo Fan (Partner, Hong Kong) discuss the rapidly increasing developments in climate change and ESG litigation globally including greenwashing, inadequate disclosure and challenges for manufacturing and governments. They share their insights on what the future of climate litigation may hold for the consumer sector. Watch Listen About the Future of … Read more
On 17 March 2022, the Shanghai Maritime Court of PRC (the “SMC“) issued a milestone ruling ((2018) Hu 72 Xie Wai Ren No.1) with the approval by the Supreme People’s Court of the PRC (the “SPC“), allowing for the recognition and enforcement of an English Court judgment based on the principle of reciprocity for the … Read more
The internet is borderless, but trademarks are not. A recent Hong Kong case serves as a reminder of the territorial nature and limitation of intellectual property rights. In Mary Kay Inc and Others v Zhejiang Tmall Network Co, Ltd and Others [2021] HKCFI 1403, the Hong Kong Court of First Instance awarded indemnity costs against … Read more
Two years of upheaval have brought about new ways of working and new challenges for employers. Our Greater China employment team reflects on important themes that have emerged and which will continue to shape the year ahead for employers in China. Ranging from managing employee mental health and remote working to protecting teams and trade … Read more
In a recent judgment (Huang Yu Hui v Zheng Shizhi [2021] HKCFI 3362), the Hong Kong Court of First Instance (CFI) refused the defendant’s application to issue a letter of request to the judicial authority of mainland China for the examination of the defendant in a mainland prison. The CFI held that, examination is outside … Read more
The Hong Kong Court has broken yet more new ground by recognising Mainland reorganisation proceedings for the first time in Re HNA Group Co Limited [2021] HKCFI 2897. Previously, Mainland liquidation proceedings had been recognised by the Hong Kong Court (for the first time in CEFC Shanghai International Group Ltd [2020] HKCFI 965, and later … Read more
In another leap forward for cross-border insolvency cooperation between Hong Kong and Mainland China, the Hong Kong Court has issued its very first letter of request to a Mainland Court requesting recognition and assistance of Hong Kong liquidators under the new arrangement for mutual recognition of and assistance to insolvency proceedings introduced on 14 May … Read more
We recently wrote about the New Arrangement for mutual recognition of insolvency processes between certain pilot areas in the Mainland (i.e. Shanghai, Xiamen and Shenzhen) and Hong Kong (New Arrangement). Re China All Access (Holdings) Ltd (HCCW 431/2020, 21 June 2021) is an early case that sheds light on how the New Arrangement may facilitate … Read more
