The Hong Kong Court of Appeal to clarify application of Guy Lam in arbitration in upcoming appeals

By way of an update to the series of recent Court of First Instance decisions on whether a winding up petition ought to be stayed where the underlying dispute is governed by an arbitration clause, Harris J has very recently granted the Petitioner in Re Shandong Chenming Paper Holdings Ltd [2023] HKCFI 2731 leave to appeal.

Notably, Harris J commented that it is highly undesirable to have a number of conflicting Court of First Instance decisions on the same issue (which we have discussed in our blog posts on Lasmos, Simplicity, Shandong Chenming and Inversion Productions) and it would be desirable to have clarity from the higher Courts in this regard. Continue reading

UK Supreme Court clarifies the scope of Quincecare duty for financial institutions executing customer payments

Earlier this month, the UK Supreme Court in Philipp v Barclays Bank UK plc [2023] UKSC 25 addressed the scope of the Quincecare duty in the context of an “authorised push payment” (APP) fraud, where the victim was tricked into willingly authorising the bank to transfer funds into an account controlled by the fraudster. Continue reading

Keeping the door open: Hong Kong Court reaffirms commitment to mutual recognition of insolvency proceedings with Mainland China

Two recent cases, Re Guangdong Overseas Construction Corporation [2023] HKCFI 1340 (the “GOCC Case“) and Re Trinity International Brands Limited [2023] HKCFI 1581 (the “Trinity Case“), reaffirm the commitment of the Hong Kong Court to cooperating with the Mainland Court in terms of mutual recognition and assistance of insolvency proceedings.

These cases show that the Hong Kong Court will look at the Mainland-Hong Kong mutual recognition arrangement for insolvency proceedings (the “Cooperation Mechanism“, which we summarised here), regardless of whether the case falls within its scope (as in the Trinity Case) or outside its scope (as in the GOCC Case). Continue reading

HONG KONG HIGH COURT PROVIDES GUIDANCE ON THE ENFORCEMENT OF MAINLAND JUDGMENTS IN HONG KONG

The Hong Kong Court of First Instance (“CFI“) recently handed down judgment in Export-Import Bank of China v Taifeng Textile Group Co. Ltd and Another [2018] HKCFI 1840, which concerns the enforcement of a Mainland judgment in Hong Kong. The CFI provided guidance on various aspects of the enforcement exercise which serves as useful practice reminders for practitioners. Continue reading

CROSS-BORDER LITIGATION: INTERNATIONAL PERSPECTIVES

We are pleased to release the third issue of our periodic publication “Cross-Border Litigation”, designed to highlight legal and practical issues specific to litigation with an international aspect.

Tapping into the expertise of the firm’s leading commercial litigators across the globe, the publication gives readers the benefit of their hands-on experience and flags key developments that should be on commercial parties’ radars.

Topics covered in this issue include:

  • A selection of recent developments from across the globe
  • Litigation funding on the rise internationally
  • Judicial turf wars in Dubai
    Is this the end of the “conduit” jurisdiction?
  • Multi-jurisdictional litigation: Lessons from cross-border intellectual property enforcement
  • Introducing…
    Our new Milan office and Laura Orlando
  • The growing “internationalisation” of China’s courts
  • Indonesia-related commercial contracts
    Guide to dispute resolution clauses

To download the publication, click here.

To read the previous issues, click here.

Adam Johnson QC
Adam Johnson QC
Partner
+44 20 7466 2064
Anna Pertoldi
Anna Pertoldi
Partner
+44 20 7466 2399
Jan O'Neill
Jan O'Neill
Professional Support Lawyer
+44 20 7466 2202