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Welcome Leverage – 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 winding-up – as opposed to the making of a...more

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 arbitral award issued by the Shanghai...more

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’ liability risk. We have experienced lawyers on...more

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 pleadings. In the judgment, the Honourable...more

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 tenant, following an application by...more

"Finality or justice" – Hong Kong court considers challenges to arbitral awards Talking Point Asia – May 2022

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

Educational lesson – Hong Kong court stays just and equitable winding-up petition to arbitration

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

Global Accountants' Liability Update – April 2022

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

American built – Hong Kong court dismisses application to set aside leave to enforce U.S. award

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

Ahead of the game – Hong Kong court gives advice to online entrepreneurs

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

New Hong Kong Bill allows for outcome-related fees in arbitration - Talking Point Asia April 2022

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

Pointless – English High Court winds up listed plc for losing its purpose

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

Cheque–mate – Hong Kong Court of Appeal refuses stay to arbitration on dishonoured cheque

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 US$4.5 billion Bitfinex hack – five things you should know

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

Beyond the scope – Hong Kong court sets aside award that fell outside pleadings

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

Hong Kong court adjourns enforcement proceedings of Dutch arbitral award - Talking Point Asia – March 2022

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

Don't judge a book by its cover - Hong Kong court revisits "without prejudice" privilege

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

Master of the Rules – Hong Kong court confirms that arbitral tribunal governs its own procedural rules

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

Arbitration Highlights in the Year of the Tiger

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

Three in a row – victims' tool to recover cyber fraud funds affirmed in Hong Kong

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

Global Accountants' Liability Update – February 2022

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

Unfairly prejudiced? Don't get personal - English Court of Appeal stresses need for petitioners to plead "causal connection"...

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

Hong Kong court refuses to enforce mainland arbitral award in a rare decision - Talking Point Asia January 2022

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

PRC court makes first recognition order under new Hong Kong – PRC insolvency arrangement

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

Unfrozen – Hong Kong court rules “informal freezing” of bank accounts unlawful

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

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