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Not set in stone – Hong Kong court approves post-implementation modifications to scheme of arrangement

The Hong Kong High Court has given a rare order for modifications to a scheme of arrangement after it had been implemented incorrectly by the scheme administrators. Drawing on instances in which the English courts have...more

Competence queried – Hong Kong court sets aside tribunal ruling on jurisdiction

A Hong Kong court has set aside a tribunal’s finding on jurisdiction, holding that the arbitration clause in a loan agreement did not provide the tribunal with the jurisdiction to determine disputes arising out of a related...more

Thresholds up, investment down? Why Australia’s sophisticated investor threshold increases could prove costly

The Australian securities regulator ASIC is proposing an increase in the threshold limits for so-called “sophisticated investors”. The limits have not been raised since they were introduced in 2001 and now ASIC has suggested...more

Liquidator knows best - Hong Kong court rejects bid to force information disclosure on funding and strategy

A Hong Kong court has rejected a bid to force liquidators to provide information and documents regarding their plans and strategies on related litigation as well as information on legal costs and funding arrangements....more

Language barrier: Supreme Court clarifies language requirement in contracts in Indonesia

The Indonesia Supreme Court has stated that the absence of a Bahasa Indonesia language version of a contract should not of itself mean that the contract should be voided, except where it can be proven that the absence of such...more

Hong Kong audit regulator reaches landmark agreement over mainland audit papers

Hong Kong’s audit regulator, the Accounting and Financial Reporting Council (AFRC) says it has reached a landmark agreement to help it obtain audit working papers of Public Interest Entity (PIE) auditors located on the PRC...more

Late disclosure prompts a CPA disciplinary recommendation by the Hong Kong MMT to the AFRC

The Market Misconduct Tribunal (MMT) has recommended that the accountants’ regulator, the Accounting and Financial Reporting Council (AFRC) take disciplinary action against a listed company secretary for neglecting his...more

Germany in AU$660 million pitch for green hydrogen in Australia

The Australian government is reportedly discussing with Germany a German proposal to inject AU$660 million (€400 million) into a funding scheme to promote green hydrogen in Australia....more

Insolvency in a modern age – Official Receiver filing changes now in force in Hong Kong

New statutory provisions have come into effect that will modernise the way documents are filed with the Official Receiver in Hong Kong. The changes, which took place on the last working day of 2023, pave the way for the...more

Power up - Australia expands Capacity Investment Scheme in renewable energy push

Investors have welcomed the news that the Australian government is expanding its Capacity Investment Scheme (CIS), a scheme designed to encourage the shift away from reliance on coal and stimulate investment in renewable...more

AnAn refined – Singapore Court of Appeal allows winding-up in spite of arbitration agreement

The Singapore Court of Appeal has overturned the High Court decision in the case of Founder Group (Hong Kong) Limited (in liquidation) v Singapore JHC Co Pte Ltd [2023] SGCH 159, in the latest development concerning the...more

Ticking the boxes - Hong Kong accountants regulator highlights failings in professional training compliance

The Accounting and Financial Reporting Council (AFRC) has published its 2023 Oversight Report on HKICPA's Performance of Specified Functions (the report). This is the first full year the AFRC has reported on the exercise of...more

Insolvency and construction in Hong Kong – building in the uncertainties

According to a recent report, nearly 6,000 construction companies in the UK are in danger of going out of business. In Hong Kong, a major contractor has lost its licence and was removed from the government's registered list...more

Hong Kong and PRC Restructuring & Special Situations 2023 year in review - Key insolvency decisions in Hong Kong and the People’s...

The past twelve months have been a time of continuing significant developments in courtled corporate rescues in Hong Kong, all within the flexible confines of the common law and in the continued absence of a statutory...more

No permission, no problem – Hong Kong securities regulator given green light to bring proceedings directly against overseas...

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 it easier for the SFC to go after persons...more

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 favour of arbitration. This opens...more

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 reduce the need to re-litigate...more

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

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 cause of action over a supposedly...more

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 transactions and outright prohibits U.S....more

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 Corrupt Practices Act (FCPA). The...more

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 found that although the court of the...more

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 the companies' four BVI subsidiaries....more

10/25/2023  /  China , Hong Kong , Liquidation , Subsidiaries

Hong Kong to adopt landmark change to state immunity from start of next year

It is anticipated that as of 1 January 2024, Hong Kong will follow the PRC in making a significant change to its concept of “sovereign” or “state” immunity which further enhances Hong Kong’s reputation as a dispute resolution...more

AnAn affirmed – Singapore court confirms arbitration agreements trump winding-up applications

The Singapore High Court has again confirmed that a winding-up application concerning a disputed debt that is subject to an arbitration agreement will be dismissed if the arbitration agreement is prima facie valid and covers...more

A new dawn for U.S.- Vietnam relations

The United States and Vietnam have concluded a comprehensive strategic partnership that should open the way to billions of dollars worth of additional trade, and cooperation in fields such as science, technology and digital,...more

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