Stop, collaborate and listen: first recognition and assistance granted to Mainland liquidators in Hong Kong

In a long-awaited development of cross-border insolvency cooperation between Hong Kong and Mainland China, the Hong Kong Court has granted recognition and assistance to Mainland liquidators for the first time in Joint and Several Liquidators of CEFC Shanghai International Group Ltd [2020] HKCFI 167. Background CEFC Shanghai International Group Ltd (“CEFC“), a company incorporated in … Read more

CICC delivers first ruling, confirms arbitration agreements severable

The First International Commercial Court of the Supreme People’s Court of China (“CICC“) has recently published its first rulings [1] on the validity of three arbitration agreements in relation to one same transaction. CICC recognised the principle of severability of arbitration agreement and held that although the underlying contracts had not been formally signed, the parties … Read more

Hong Kong–Mainland interim relief arrangement takes effect today, 1 October

The Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region takes effect today, 1 October 2019, in both Mainland China and Hong Kong.  The SPC has also released an explanatory memo setting out its understanding of key aspects … Read more

46 countries sign the Singapore Convention on mediated settlements today

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

Singapore International Mediation Centre signs MOU with China International Economic and Trade Arbitration Commission and Korean Commercial Arbitration Board

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

Launch of Asia Pacific Guide to Privilege 2019

Please click here to access a preview of the Guide. We are pleased to launch the 2019 edition of our Asia Pacific Guide to Privilege. Businesses are increasingly faced with multi-jurisdictional disputes where evidence rarely falls within the borders of a single country and complex legal privilege issues often surface when dealing with communications across multiple … Read more

China’s International Commercial Courts hear first cases

Almost a year since their high profile establishment in June 2018, the International Commercial Courts of the Supreme People’s Court (CICC) have recently conducted hearings on the first cases that were submitted to the CICC. On 29 May 2019, the Second International Commercial Court of the Supreme People’s Court of China heard a case concerning … Read more

HONG KONG COURT INTERPRETS PRC-LAW GOVERNED JURISDICTION CLAUSES

In天津市裕豐隆資產管理有限公司 v Ho Kin Wa and Another, HCA 2405/2014 (unrep., 8 March 2019), the Hong Kong Court of First Instance exercised its discretion to stay the Plaintiff’s claim against the 1st Defendant (D1). In arriving at its conclusion, the Court considered (i) whether D1 had waived the right to dispute the jurisdiction of the Hong … Read more