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Hong Kong Court of First Instance follows the Guy Lam approach notwithstanding the recent English Privy Council's decision in Sian Participation
We recently blogged (here) about the Privy Council decision of Sian Participation Corporation (In Liquidation) v Halimeda International Ltd [2024] UKPC …
Hong Kong Court ordered disclosure of accounts to maintain healthy operation of decentralised autonomous organisation (DAO)
In a recent decision Mantra DAO Inc. and Another v John Patrick Mullin and Others [2024] HKCFI 2099, the Hong Kong Court issued a disclosure order …
Lessons from the CrowdStrike outage: Japan's approach to cyber security in contract arrangements and supply chains, and the implications of cyber incidents for commercial agreements
In July 2024, an update of the CrowdStrike Falcon platform provided by American company CrowdStrike caused global Windows system errors, 'crippling' key …
Reshaping the Guy Lam principle? The implication of the English Privy Council decision on Hong Kong's approach to the effect of contractual dispute resolution clauses on winding up proceedings
In a recent landmark decision Sian Participation Corporation (In Liquidation) v Halimeda International Ltd [2024] UKPC 16 (Sian, see our blog post here), …
Hong Kong Court set aside registration of a Mainland judgment under the previous statutory regime of Mainland-Hong Kong reciprocal enforcement of judgments
The recent judgment of 信达澳亚基金管理有限公司 v 宜华生活科技股份有限公司 & Ors [2024] HKCFI 1957 concerns the application of the legal principles for registration and …
The Hong Kong Court of Final Appeal considers principles of Quistclose trust
The recent Court of Final Appeal (the "CFA") case of China Life Trustees Limited v China Energy Reserve and Chemicals Group Overseas Company …
The Veil Stays Down: Singapore Court of Appeal Declines to Apply Argentine Law to Lift a Singapore Company's Corporate Veil
The concept of separate legal personality and limited liability is the bedrock of company law. When a Singapore limited liability company enters into a …
The Hong Kong Court of Appeal extends Re Guy Lam approach to cross-claims subject to arbitration agreement
In Re Simplicity & Vogue Retailing (HK) Co Ltd [2024] HKCA 299 (Simplicity; which we blogged about here), the Court of Appeal confirmed that the …
Hong Kong Court confirms need for wrongfulness or impropriety for the Quincecare duty of care to be engaged
The Hong Kong Court of First Instance has confirmed that, absent facts suggesting there is a real possibility that a transaction might be wrongful or …
Navigating the crossroads between arbitration and insolvency proceedings: the Hong Kong Court of Appeal applies Guy Lam principles in a winding up case involving an arbitration clause
Can a creditor obtain a winding up order against a debtor company if the underlying dispute over the debt is subject to an arbitration agreement between …
The final say: Consent for the "letter of no consent" regime
After more than three years of litigation, the decision of the Hong Kong Court of Final Appeal (CFA) in Tam Sze Leung & Ors v Commissioner of Police …
Herbert Smith Freehills successfully acts for the Petitioner in a Court of Appeal case examining the role of arbitration clauses in winding up proceedings
Herbert Smith Freehills secured another victory for the Petitioner in the high-profile Court of Appeal case Simplicity & Vogue Retailing (HK) Co., …
Showing 12 out of 774 results
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Simon Chapman KC
Partner, Regional Head of Practice - Dispute Resolution, Asia, Global Co-Head of International Arbitration, Hong Kong
