Monthly Archives: August 2023
Join us as our Office/HR Manager
THIS POSITION HAS BEEN FILLED. WE ARE NO LONGER ACCEPTING APPLICATIONS. Tanner De Witt is an independent Hong Kong law firm with a professional and friendly working environment. We are looking for a pro-active, organised, enthusiastic and experienced candidate to join our law firm as…Read More
The importance of proof of the genuine reasons for dismissal in defending discrimination claims
The District Court has recently handed down a judgment against a logistics company (“Respondent”), for refusing to pay a former pregnant employee (“Claimant”) her year-end bonus and for not renewing her employment contract after she had informed the Respondent about her pregnancy. Background The Claimant…Read More
Our Partners Pamela Mak and River Stone attended the Hong Kong Legal Services Forum 2023 held in Chengdu
Our Partners Pamela Mak and River Stone attended the Hong Kong Legal Services Forum 2023 held in Chengdu. The forum addressed key concerns for enterprises in Sichuan and Chongqing, including sound risk management in the context of cross-border transactions and foreign investment. It also highlighted Hong Kong’s role as…Read More
Stay of Play: Winding-Up v. Arbitration (Again)
The recent Hong Kong Court of First Instance decision of Re Shandong Chenming Paper Holdings Limited marks another intersection between the public domain of insolvency and the private realm of arbitration. In this and previous decisions, the Hong Kong courts have grappled with the issue…Read More
Should a professional administrator be appointed?
In Re the Estate of Yeung Kam (HCAP 19/2022), the Hong Kong High Court refused to appoint 2 beneficiaries of the Estate to be the administrator ad colligenda bona (for the purpose of collecting assets) and administrator pendente lite (pending litigation) and decided to appoint…Read More
Will the Real Bondholder Please Stand Up? Unravelling the Locus Standi of Global Note Investors in Winding-Up Petitions
Introduction In a landmark decision issued in July, Re Leading Holdings Group Limited [2023] HKCFI 1770, the Hong Kong Courts addressed, for the first time, the right of an investor of a global note to present a winding-up petition as a contingent creditor. The Case…Read More
Consultation on proposed acceptance of commitments from Foodpanda and Deliveroo
On 1 June 2023, the Competition Commission commenced a consultation on its proposal to accept legally binding commitments (“Proposed Commitments”) from two leading online food delivery platforms in Hong Kong, Foodpanda and Deliveroo (“Platforms”). The Competition Commission conducted an investigation into the respective agreements between…Read More
Recent Changes to Hong Kong Bankruptcy Laws; a win for creditors and the environment
The Government of Hong Kong continues its push towards favouring digitisation over using hardcopy documents. The new changes to local bankruptcy laws allows: (1) electronic service of statutory demands; (2) using electronic bundles and skeletons for winding-up and bankruptcy applications; and (3) allowing electronic submission…Read More
Legal update: “The arbitration agreement is spent” – Hong Kong Court lifts stay of proceedings notwithstanding pending application to set aside arbitral awards in foreign court
Hong Kong is widely recognised as an efficient and reliable jurisdiction for international arbitration. It is a popular dispute resolution venue due to its modern arbitration legal framework and an independent judiciary. The Hong Kong Courts’ intervention to arbitration proceedings is typically kept to a…Read More