Hong Kong Dispute Digest January 2025
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Welcome to our Hong Kong Dispute Digest where we share our latest publication on the recent developments in Dispute Resolution, with a particular emphasis on case updates, enforcement actions, and industry trends in Hong Kong.
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Revisit the Hong Kong position: When dispute resolution clauses meet insolvency proceedings
Authors: David Hung, May Leung
Before the landmark decision of the Hong Kong Court of Final Appeal in Guy Kwok-Hung Lam v Tor Asia Credit Master Fund LP [2023] HKCFA 9, there had been a long-standing debate over the impact, if any, of an exclusive jurisdiction clause in favour of a foreign court (“EJC”) on the presentation of bankruptcy / winding-up petitions.
In short, it is now well-settled that in an ordinary case where the petition debt is disputed and the dispute is subject to an…
