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Asia Disputes Notes Blog

Articles: 1-10 of 153

Hong Kong court considers grounds for striking out claims of dishonest assistance, knowing receipt and fraudulent trading

Hong Kong - November 26 2021 The Court of First Instance recently rejected an attempt by Bank of China (Hong Kong) Limited (BOCHK) to strike out various claims brought against it…

Hong Kong Court of First Instance refused to issue a letter of request to the judicial authority of mainland China for the purpose of cross-examination

China, Hong Kong - November 17 2021 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 ask or not to ask? That is the question (2)

Hong Kong - November 15 2021 As discussed in our previous blog post, the decision for provisional liquidators to apply for directions on the distribution of funds can be a…

Malaysian High Court clarifies covid-19 act relief for parties unable to perform contractual obligations

Malaysia - October 25 2021 The Malaysian High Court has clarified when a party will be considered unable to fulfil its contractual obligations for the purposes of relief…

Hong Kong Court recognises Mainland reorganisation for the first time

Hong Kong - October 19 2021 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…

It still counts: Hong Kong Court finds minority shareholding has reasonable possibility to benefit winding-up petitioner

Hong Kong - October 11 2021 It is well-established that certain core jurisdictional requirements must normally be met before a Hong Kong Court will exercise its discretion to…

Judiciary proposes to abolish the “fraud exception” in summary judgment applications in Hong Kong

Hong Kong - August 25 2021 When the Court of Appeal’s decision of Zimmer Sweden AB v. KPN Hong Kong Ltd and another (CACV 172/2015) was handed down in January 2016, we…

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

Hong Kong - July 29 2021 In another leap forward for cross-border insolvency cooperation between Hong Kong and Mainland China, the Hong Kong Court has issued its very first…

Hong Kong Court of Appeal embraces modern test for penalty clauses following UK Supreme Court in Cavendish when considering employer’s right to enforce termination notice provision

Hong Kong, United Kingdom - July 15 2021 In a notable judgment (Law Ting Pong Secondary School v Chen Wai Wah [2021] CA 873), the Hong Kong Court of Appeal (CA) has adopted the modern…

A real possibility of benefit - New Mainland-Hong Kong mutual insolvency recognition arrangement considered

Hong Kong - July 14 2021 We recently wrote about the New Arrangement for mutual recognition of insolvency processes between certain pilot areas in the Mainland (i.e. Shanxi…