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Asia Disputes Notes Blog

Articles: 1-10 of 126

Hong Kong to Introduce Corporate Rescue Regime and Insolvency Trading Regime

Hong Kong - December 14 2020 After abortive attempts in 2000-2001, 2008-2009, and 2014 to introduce a statutory corporate rescue procedure, the Hong Kong Government has recently…

Is the juice worth the squeeze?

Hong Kong - December 10 2020 The natural and most appropriate jurisdiction in which to wind up a company is its place of incorporation. The Hong Kong Companies Court, however…

To ask or not to ask? That is the question

Hong Kong - November 6 2020 In Joint And Several Provisional Liquidators Of Hsin Chong Construction Co Ltd (Provisional Liquidators Appointed) v. The Chinese University Of Hong…

Statutory but not mandatory - a reminder of the first principles

Hong Kong - October 28 2020 Statutory demand is a common and important tool in the winding up process. But recently, the Hong Kong Court of First Instance has reminded us that…

Fishing expedition using foreign letters of request as bait not allowed under Hong Kong law, decides the Hong Kong Court of Appeal

Hong Kong - October 27 2020 In Re Evidence Ordinance (Cap 8) of the Laws of Hong Kong [2020] HKCA 766, [2020] HKEC 2911, the Hong Kong Court of Appeal upheld a decision to set…

Hong Kong: resignation, repudiation or dismissal?

Hong Kong - October 9 2020 In the recent decision of Lam Sin Yi Sindy v Leung King Wai William [2020] HKCFI 2525, the plaintiff challenged her former employer’s treatment of…

The value of consistency - the Hong Kong Court’s approach to applications for recognition and assistance

Hong Kong - September 29 2020 When is consistency a virtue? Certainly in recognition applications to the Hong Kong Companies Court, and for good reason. A recent pair of…

Good faith in bad times

Hong Kong - September 25 2020 Can a good faith obligation under PRC law preclude a party from bringing a winding up petition in Hong Kong? A recent Hong Kong Court of First…

Hong Kong: recovering bonuses from employees - part 2

Hong Kong - September 23 2020 In a previous article we discussed circumstances where an employer may seek damages against an employee who has engaged in serious misconduct or been…

English Court of Appeal considers application of “SAAMCO” principle in context of auditor’s negligence case

United Kingdom - September 15 2020 The English Court of Appeal has held that, where an auditor negligently failed to detect management’s dishonest concealment of the Claimant’s…