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Tag Archives: CFI

Winding-up Petition v Arbitration Clause: Hong Kong Court Dismisses Winding-up Petition in Favor of Arbitration Clause

On 2 March 2018, the Hong Kong Court of First Instance (“CFI“) issued a notable decision which signifies a development of Hong Kong law in the contexts of insolvency and arbitration.  The CFI held in Lasmos Limited v Southwest Pacific Bauxite (HK) Limited [2018] HKCFI 426 that a winding-up petition issued on the ground of insolvency should generally be dismissed if there is an arbitration clause contained in an agreement giving rise to a debt relied on to support the petition.  This is a deviation from Hong Kong’s previous position

Hong Kong court refuses enforcement of mainland awards involving invalid service under Hong Kong law

The Importance of Service The enforcement of arbitral awards in Hong Kong may be refused on the grounds of improper service of notices regarding the arbitration, even though such service is deemed valid under the arbitration rules of the arbitration institution in another jurisdiction. That is the decision of the Court of First Instance (“CFI“) in a recent case (樓外樓房地產咨詢有限公司 v 何志蘭, HCMP 3202/2013) regarding the enforcement of two mainland Chinese arbitral awards. Case Summary Pursuant to an arbitration clause, the Applicants had referred a dispute with the Respondent, Ho,