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Restructuring
Must a foreign judgment be registered before being relied on as a petitioning debt?
The Court of Appeal of England and Wales (“EWCA”) recently handed down its decision in Servis-Terminal LLC v Valeriy Ernestovich Drelle [2025] EWCA Civ 62 clarifying that, as a matter of English law, an “unrecognised” foreign judgment cannot be relied upon as a basis to…Read More
Legal Update: Anti-Suit Injunction restraining a Defendant in a Hong Kong Court action from continuing proceedings it commenced in the People’s Court of Beijing
On behalf of China City Construction (International) Co., Limited (In Creditors’ Voluntary Liquidation) (“CCCI”) and Dingway Investment Limited (In Compulsory Liquidation) (“Dingway”), both acting through their liquidators, Tanner De Witt successfully obtained an Anti-Suit Injunction (“ASI”) against China City Construction & Development Co., (HK) Limited…Read More
5 Impactful R&I Cases from 2024
If you would like to discuss any of the matters raised in this article, please contact: Robin Darton Partner | E-mail Tim Au Partner | E-mail The above is not intended to be relied on as legal advice and specific legal advice should be sought…Read More
Legal update: Rights vs. Interests – English decisions not followed in Re Aoyuan Group Limited [2025] HKCFI 310
In the recent decision of Re Aoyuan Group Limited (“Aoyuan”), Harris J sanctioned the inter-linked and inter-conditional schemes of arrangement promulgated by Aoyuan and its key subsidiary, Add Hero Holdings Limited (“Hero”), to restructure total liabilities in excess of US$6 billion. In doing so, Harris…Read More
Legal Update: Recognition Order Granted notwithstanding SFC’s Restrictive Notice and Police’s Letter of No Consent
Tanner De Witt acted for Chan Ho Yin (also known as Michael Chan) of Kroll (HK) Ltd and Elaine Hanrahan, the Joint Liquidators of Bull’s-Eye Limited (in Liquidation) (“BEL”) which was wound up in the BVI on 15 January 2024. BEL is a company connected…Read More
Legal update: Privy Council’s decision in Sian Participation Corp (In Liquidation) v. Halimeda International Ltd – are we back to square one?
This note updates a series of Tanner De Witt articles on the interaction between dispute resolution clauses and the Court’s insolvency jurisdiction. The previous articles are: The update arises because of the widely reported Privy Council decision in Re Sian Participation Corp[1] that the English…Read More
Stop resisting! Solicitors must deliver up the client files of its former insolvent client to the liquidators.
In what can only be described as a regretful sequence of events, a firm of solicitors was ordered to pay indemnity costs for unreasonably refusing to deliver up its former client’s files to the liquidators where no lien was claimed. Legal practitioners should bear in…Read More
A “one stop” recognition order requiring non-responsive third parties to comply
Given Hong Kong’s status as an international financial hub and the fact that more than 75% of the companies listed on the main board of the Hong Kong Stock Exchange are incorporated in either the Cayman Islands or in Bermuda (only around 11 percent are…Read More
The Legacy of Re Guy Lam Lives on
The landmark Court of Final Appeal (“CFA”) decision of Re Guy Lam[1] has generated numerous articles written by practitioners and academics on the interaction between exclusive jurisdiction clauses and the court’s jurisdiction to wind up or bankrupt a debtor. Following the CFA’s decision, the Guy…Read More
5 Most Impactful Hong Kong Restructuring and Insolvency cases in 2023
2023 was a busy year for the restructuring and insolvency industry in Hong Kong. we had a ground breaking decision of the Court of Final Appeal (CFA) ruling on the conflict between dispute resolution clauses and the Court’s jurisdiction to wind-up/bankrupt a debtor. We also…Read More
Tanner De Witt is delighted that our law firm has achieved consistent recognition in Chambers and Partners Greater China Region Guide 2024
Tanner De Witt is delighted that our law firm has achieved consistent recognition in Chambers and Partners Greater China Region Guide 2024. We are honoured to have maintained top-notch rankings for an impressive 14-year stretch. Big congratulations to our exceptional team for earning this well-deserved recognition. Restructuring & Insolvency:…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
