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Hong Kong court gives creditors the nod to sue despite Chapter 15 scheme recognition

The Hong Kong court has sanctioned a scheme of arrangement for a Hong Kong-listed, Bermuda-incorporated fertilizer manufacturer based in the mainland. In doing so, the Honorable Mr Justice...

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Hong Kong court highlights COMI over place of incorporation when recognising foreign insolvency processes

The Hong Kong court has confirmed that – going forward – the court is ready to recognize and assist a foreign insolvency process conducted in the company’s center of...

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Rising to the top – Hong Kong Court of Appeal rules that escalation clauses compliance queries are best left to arbitrators

The Hong Kong Court of Appeal has confirmed that arguments over "escalation clauses" – multi tiered dispute resolution provisions which require negotiation or mediation...

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Deja vu? Hong Kong court orders winding-up of Bermuda-based listco despite PLs' objections

The Court of First Instance held in Re Up Energy Development Group Limited [2022] HKCFI 1329 that where the three core requirements for winding-up a foreign company under section 327(1) of...

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Hong Kong Court of Final Appeal confirms mere threat of winding-up is enough to confer jurisdiction

In Shandong Chenming Paper Holdings Limited v Arjowiggins HKK2 Limited [2022] HKCFA 11, the Court of Final Appeal has confirmed that the "leverage" created by the prospect of a...

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Application to set aside arbitral award on the mainland not a ground for refusal of enforcement in Hong Kong

In Lin Chin Hsiung v Lin Hsiu Fen [2022] HKCFI 1270, the Honourable Madam Justice Mimmie Chan dismissed the respondent's application to set aside an enforcement order to enforce an...

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Global Accountants' Liability Update – June 2022

Our global team of securities and professional liability lawyers at Hogan Lovells is uniquely positioned to monitor legal developments across the globe that impact accountants’...

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Draft with care – Hong Kong court highlights the importance of proper pleadings

The Hong Kong Court of First Instance case has denied declaratory and payment order relief sought by a company that had been the victim of cyber fraud because of issues with their...

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Statutory bodies – forced to enforce?

The Hong Kong Court of Appeal (Poon CHJC, Barma, and Au JJA) has imposed upon a statutory corporation an obligation to consider whether it should take measures to enforce a lease against a...

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