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Hong Kong and PRC Restructuring & Special Situations 2023 year in review

Our review of 2023 brings you right up-to-date with the latest developments in restructuring and insolvency law in Hong Kong and the mainland.


No permission, no problem – HK regulator given green light to bring proceedings directly against overseas defendants

The Hong Kong Court of Final Appeal has held that the Securities and Futures Commission (SFC) can serve overseas defendants as of right, without needing the court’s permission, making ...


Arbitration agreements vs. winding up petitions – Hong Kong Court of Appeal to decide

On 25 October 2023, the Hong Kong Court of First Instance granted leave to appeal the decision in Shandong Chenming Paper Holdings Ltd [2023] HKCFI 2065 to dismiss a winding up petition in...


Cross-border enforcement of judgments – new mechanism comes into force 29 January 2024

A wide-ranging mechanism allowing for easier reciprocal enforcement of judgments in mainland China and Hong Kong will come into force on 29 January 2024. The new enforcement regime should...


All a matter of timing - English construction court considers when there’s a cause of action for defective design

The Technology and Construction Court in London has given a wide-ranging review of the law that frequently arise in construction projects, particularly on issues of limitation and when a...


Proposed new U.S. outbound investment restrictions – what this could mean for APAC businesses and investors

The Biden Administration has issued its long-awaited outbound investment screening executive order, which imposes on United States (U.S.) persons notification requirements for certain...


No monkey business – Recent FCPA probe into wildlife trafficking in Asia

An Indiana-based contract research organization for pharmaceutical testing is being investigated by the Securities and Exchange Commission (SEC) for potential violations of the Foreign...


No more than necessary - Singapore Court of Appeal limits court's power to set aside arbitral award

The Singapore Court of Appeal has dismissed an application to set aside an arbitral award, emphasising the policy of minimal intervention in arbitration proceedings. The Court of Appeal...


Do as you're told - Hong Kong court orders uncooperative former director to ratify liquidator appointment

The Hong Kong court has granted an order forcing an uncooperative former director of a Hong Kong listed company to ratify the appointment of a Hong Kong liquidator as the sole director of...

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