Adjudication has become a key tool in the construction industry, helping employers and contractors resolve disputes quickly and keep cash flowing on projects. But when insolvency enters the picture, things can get tricky —...more
2/14/2025
/ Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Contract Disputes ,
Dispute Resolution ,
Hong Kong ,
Insolvency ,
Jurisdiction ,
Security of Payment Act ,
Singapore ,
Stays ,
UK
It is well-established in Hong Kong that the test for determining the validity of an opposition to a winding-up petition is whether the petition debt is disputed in good faith on substantial grounds. In Sun Fung Timber...more
Recent Hong Kong cases have highlighted varying approaches regarding the impact of arbitration clauses on insolvency proceedings, in particular, on the Court’s discretion to make a winding-up order where a debt is...more