Hong Kong Court recognises Mainland reorganisation for the first time

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

Great leap forward: Hong Kong Court issues first letter of request under Mainland-Hong Kong arrangement for mutual recognition of insolvency

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

Rules of Online Litigation of the People’s Court of China launched

The Supreme People’s Court of China (SPC) has recently released Rules of Online Litigation of the People’s Court of China (Rules). The Rules are judicial interpretations formulated by the SPC binding on courts in Mainland China and will come into effect on 1 August 2021. Background As the digital economy in China continues to grow, … Read more

LATEST EDITION OF ASIA PACIFIC DISPUTE RESOLUTION GUIDE NOW AVAILABLE

Disruption, downturn and recovery tend to generate more disputes – and in Asia Pacific cross-jurisdiction operations and investments increase that risk. Our 2021 Guide to Dispute Resolution in Asia Pacific is your roadmap to potential problems in these fast-changing times, especially for those new to the region’s complex legal landscape. From the basics of each … Read more

HERBERT SMITH FREEHILLS UPDATES ESSENTIAL GUIDE TO DISPUTES CLAUSES IN CHINA CONTRACTS

Herbert Smith Freehills has launched the 8th edition of its guide, “Dispute resolution and governing law clauses for China-related commercial contracts‎”. Better known as “The Dragon Book“, this practical guide explains how Mainland Chinese law affects parties’ choice of law and dispute resolution in China-related contracts.‎ Join us for a launch webinar on Wednesday 9 … Read more

New guide to restructuring and insolvency in Mainland China

Restructuring and insolvency in China is evolving and investors must stay ahead of the latest developments. Our new guide, The Basics of Restructuring and Insolvency Law in Mainland China, provides an essential roadmap for both investors and practitioners. While offshore stakeholders have historically been cautious in engaging in onshore insolvency processes, recent developments demand a … Read more

Judicial precedents gain prominence in PRC’s legal landscape as the Chinese Supreme People’s Court issues a new Guiding Opinion on similar case searches

On 27 July 2020, the Supreme People’s Court of the People’s Republic of China (SPC) issued the new Guiding Opinion Concerning Strengthening Search for Similar Cases to Unify the Application of Law (Provisional) (最高人民法院关于统一法律适用加强类案检索的指导意见(试行)) (Guiding Opinion), which took effect on 31 July 2020.  With the new Guiding Opinion in place, it is now mandatory for … Read more