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 winding-up – as opposed to the making of a...more
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 arbitral award issued by the Shanghai...more
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’ liability risk. We have experienced lawyers on...more
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 pleadings. In the judgment, the Honourable...more
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 tenant, following an application by...more
In two successive decisions, the Hong Kong Court of First Instance has refused applications for extensions of time to set aside arbitral awards, in one case suggesting that there would need to be legislation to grant the...more
Student loan debt is a complex issue for both employees and employers. Employees must live with the overwhelming burden of paying off the loan in addition to paying personal expenses. However, employers who offer valuable...more
The Hong Kong Court of Appeal has denied an accountant’s appeal of a Disciplinary Committee of the Hong Kong Institute of Certified Public Accountants (HKICPA) order that cancelled her practicing certificate due to...more
A Hong Kong court has dismissed an application to set aside leave to enforce an arbitral award issued by the American Arbitration Association in Los Angeles. The court said it was impossible to find on the available evidence...more
Whilst on the face of it a recent Hong Kong court decision was about copyright ownership in an online game, the decision in Emagist Entertainment Ltd v Nether Games (Hong Kong) Ltd [2022] HKCFI 899 raises a host of other...more
The Hong Kong Government has published a new bill, which when enacted, will allow a flexible regime for outcome-related fees in arbitration. This legislation, compliments the existing regime for third party funding,...more
For the first time in England & Wales, a court has ordered the winding-up of a listed plc on the grounds of loss of substratum – the abandonment of the company's original main object and purpose. If Hong Kong follows this...more
The Hong Kong Court of Appeal has refused to stay to arbitration a court action brought on a dishonoured cheque because of an arbitration clause in the underlying loan agreement between the parties. The court noted there...more
The hack of the Hong-Kong based crypto-exchange Bitfinex has been described as the “heist of the century”. Where a crypto-asset is in play in litigation, in particular as a potential target for enforcement, parties should be...more
3/31/2022
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Blockchain ,
Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Cybersecurity ,
Department of Justice (DOJ) ,
FinTech ,
Hackers ,
Hong Kong ,
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The Hong Kong Court of First Instance has set aside an arbitral award ruling that the award was beyond the scope of what the parties pleaded in the arbitration. The court clarified that the courts will not hesitate to set...more
The Hong Kong Court of First Instance has adjourned enforcement proceedings of a Netherlands Arbitration Institute award pending determination by the Dutch court on the application to set aside the award, but refused to order...more
The Hong Kong Court of Appeal has confirmed the position that correspondence marked "without prejudice" may not in fact be inadmissible before the court notwithstanding the label. Whether there was an existing dispute is a...more
In T v B (Arbitration) [2022] 1 HKLRD 279 the Hong Kong court confirmed that an arbitral tribunal is the "master of its own procedural rules", and that compliance with preconditions to arbitration goes to admissibility, not...more
As the world welcomes in the Year of the Tiger, we look back at seven recent decisions that made an impact in the past year. In the decisions, the Hong Kong courts grappled with issues such as when winding-up petitions can be...more
The Hong Kong court has reaffirmed its jurisdiction to grant vesting orders to assist victims of cyber fraud. The decision which is consistent with our recent success obtaining vesting orders for clients and two other 2021...more
In mid-2020 the German stock corporation Wirecard became suspected of having falsified its records and to have made up assets in the magnitude of EUR 1.9 billion in its balance sheets. This prompted the German legislature to...more
Minority shareholders preparing unfair prejudice petitions should take note of a recent English Court of Appeal decision which highlighted the need for the petitioner to plead - and then prove - a "causal connection" between...more
In a significant decision, a Hong Kong court has set aside an earlier ex parte court order granting leave to enforce an arbitral award made by a PRC arbitral body in the sum of RMB 59 million (HK$72 million). The judge...more
In a significant decision, the Shenzhen Intermediate People's Court (Shenzhen court) has ordered formal recognition in the mainland for Hong Kong appointed liquidators. This is the first occasion on which a mainland court has...more
A Hong Kong court has ruled that the longstanding use of “letters of no consent” to freeze bank accounts suspected of harbouring the proceeds of crime, is unlawful. The decision, unless reviewed upon appeal, may mean extra...more