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Hong Kong Court of Appeal considers the effect of exclusive jurisdiction clause on bankruptcy proceedings

Hong Kong - September 27 2022 A recent Hong Kong Court of Appeal decision examined a creditor’s right to commence bankruptcy/insolvency proceedings where the petition debt arises…

Alexander Aitken, Paul Apáthy, Tim Chu, Gareth Thomas

COMI as first port of call? Harris J lays out a modified common law framework for recognising foreign insolvency proceedings in Hong Kong

Hong Kong - August 2 2022 Historically, the Hong Kong courts have generally recognised foreign insolvency proceedings commenced in the jurisdiction in which the company is…

Alexander Aitken, Paul Apáthy, Tim Chu, Gareth Thomas

COMI is first port of call - a modified framework for recognising foreign insolvency proceedings in Hong Kong

Hong Kong - July 25 2022 Historically, the common law has only recognised foreign insolvency proceedings commenced in the jurisdiction in which the company is incorporated…

Alexander Aitken, Priya Aswani, Gareth Thomas

Can a Chapter 15 order discharge US law governed debt for the purposes of the rule in Gibbs? The Rare Earth decision and beyond

Hong Kong, USA - July 19 2022 On 6 June 2022, Mr Justice Harris sanctioned a Hong Kong scheme of arrangement for Rare Earth Magnesium Technology Group (the Company) in re Rare…

Alexander Aitken, Paul Apáthy, Gareth Thomas, Eric Xu

Privy Council refuses to extend the Quincecare duty to protect third party beneficiaries of funds held in a bank account

United Kingdom - June 24 2022 In the recent decision of Royal Bank of Scotland International Ltd (Respondent) v JP SPC 4 and another (Appellants) (Isle of Man) [2022] UKPC 18, the…

Jojo Fan, Rachael Shek, Gareth Thomas