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Arbitration Agreements › Hong Kong › Appeals

White & Case LLP

Arbitration and Insolvency: A Comparative View from England & Wales, Singapore and Hong Kong

White & Case LLP on

If the agreement between a creditor and debtor refers disputes to arbitration, what limits should be placed on the creditor to pursue winding-up proceedings based on an unpaid debt under that agreement? Should a court simply...more

A&O Shearman

SGCA sets a limit on debtors invoking arbitration clauses to resist winding up applications

A&O Shearman on

In Founder Group (Hong Kong) Ltd v Singapore JHC Co Pte Ltd (2023), the Court of Appeal set limits on a debtor’s ability to resist a winding up application by pointing to an arbitration clause in the underlying agreement....more

Hogan Lovells

Agree to disagree - does winding-up or arbitration take precedence in insolvency?

Hogan Lovells on

Three recent Hong Kong first instance court decisions have left undecided the question of whether a winding-up petition will trump an agreement to arbitrate when it comes to a winding-up and particularly in the context of...more

Hogan Lovells

Hong Kong Court of Final Appeal confirms escalation clauses not subject to review by courts

Hogan Lovells on

In C v D [2023] HKCFA 16, the Hong Kong Court of Final Appeal confirmed that compliance with pre-arbitration conditions in an escalation clause is a matter of admissibility, rather than a jurisdictional issue, and is not...more

BCLP

Recent decision by the Hong Kong Court of Appeal on the threshold for resisting a winding-up petition based on a debt owed under...

BCLP on

It is well-established in Hong Kong that the test for determining the validity of an opposition to a winding-up petition is whether the petition debt is disputed in good faith on substantial grounds. In Sun Fung Timber...more

Orrick, Herrington & Sutcliffe LLP

The Hong Kong Court of Final Appeal Delivers a US$130 Million Sanity Check

Orrick, Herrington & Sutcliffe LLP on

In Astro Nusantara International B.V. v. PT Ayunda Prima Mitra [2018] HKCFA 12, a Singapore-seated arbitral tribunal, operating under SIAC rules, rendered a US$130 million award in favour of several parties who were not...more

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