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Hong Kong and BVI Courts Differ on Whether Noteholders Have Standing to Petition for Winding-Up

The Hong Kong Court confirmed that noteholders with beneficial interest in global notes do not have standing to present winding-up petitions against issuers. Meanwhile, the BVI Court reached the opposite conclusion in a...more

Hong Kong Court of Final Appeal Rules on Exclusive Jurisdiction Clauses in Insolvency

A bankruptcy petition should not proceed if the debt is disputed and subject to an exclusive jurisdiction clause in favour of a foreign court. The Hong Kong Court of Final Appeal (CFA) has ruled that if a bankruptcy...more

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