News & Analysis as of

Hong Kong United Kingdom

Hogan Lovells

The Emperor has no clothes: Privy Council strips down the Shareholder Rule and Hong Kong watches

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The Shareholder Rule is a legal doctrine under which a company is generally precluded from asserting legal professional privilege to withhold documents from a shareholder in the course of litigation involving both the company...more

Hogan Lovells

The Payments Newsletter including Digital Assets & Blockchain, July 2025

Hogan Lovells on

Key developments of interest over the last month include: the UK government's communications in connection with the Chancellor's annual Mansion House speech, and the launch of its Financial Services Growth and Competitiveness...more

Morgan Lewis

Fiat-Backed Stablecoin Regulation Compared: UK, EU, Hong Kong, and US

Morgan Lewis on

This LawFlash compares the regulatory requirements (as currently proposed or established) on single fiat-backed stablecoin issuers in the United Kingdom, European Union, Hong Kong, and the United States....more

Dorsey & Whitney LLP

U.S. Agrees to Lower Tariffs on Imports from China and United Kingdom; Trump Administration Launches New Investigation Into...

Dorsey & Whitney LLP on

On May 12, 2025, President Trump issued an executive order temporarily reducing the “reciprocal” tariffs on China, Hong Kong, and Macau origin goods from 125% to 10%, and lowering tariffs imposed on international mail parcels...more

BCLP

“Dividing Line” in Public Policy - Insolvency and Arbitration

BCLP on

A creditor commences winding-up proceedings against a debtor company on the basis that the company is insolvent. The petition debt relates to a dispute within the ambit of the arbitration agreement between the creditor and...more

Carey Olsen

The interplay between insolvency and arbitration proceedings: an insight into developments across jurisdictions

Carey Olsen on

Arbitration clauses are commonly found in commercial contracts. However, tricky issues arise when a company subsequently seeks an order for winding up, particularly in circumstances where the facts relied on in support of the...more

BCLP

Adjudication and Insolvency: Interface of Two Statutory Regimes Affecting the Construction Industry

BCLP on

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

Latham & Watkins LLP

Cram-across: Sino-Ocean Restructuring Plan Makes Waves

Latham & Watkins LLP on

The evolution of the English RP continues to push the jurisdictional envelope. The English court’s sanction of the Sino-Ocean restructuring plan (RP) marks an interesting development in the evolution of the English RP....more

Eversheds Sutherland (US) LLP

Global Supply Chain Horizons - December 2024

Welcome to the latest edition of our quarterly global supply chain horizons providing you with an update on the key developments from around the world - Asia - China: Export ban of critical minerals to the US - On December...more

BCLP

Smart Contracts and the Use of Arbitration to Resolve Related Disputes

BCLP on

In recent years, technology advancement has introduced new methods for contract formation. In particular, the rise of blockchain technology has led to the emergence of “smart contracts”, which are digital contracts which...more

BCLP

HK Security of Payment Bill: An Insolvency Exception to Ban Against “Pay When Paid” Clauses?

BCLP on

On 16 July 2024, the Hong Kong LegCo Bills Committee which is considering the Construction Industry Security of Payment Bill (“Bill”) held a meeting to receive representations and submissions on the Bill from deputations sent...more

Hogan Lovells

Trading in the twilight – a recent UK case may pose risks for Hong Kong company directors who “postpone the inevitable"

Hogan Lovells on

When a company is in financial distress, directors face difficult choices. Should they trade on to try to “trade out” of the company’s financial difficulties or should they file for insolvency? If they act too soon, will...more

A&O Shearman

Insolvency vs Arbitration – Privy Council’s revival of the “Established Approach”

A&O Shearman on

How does an arbitration clause, or an exclusive jurisdiction clause in favour of foreign courts, affect insolvency proceedings? The effect of an arbitration clause, or an exclusive jurisdiction clause in favour of foreign...more

BCLP

Confronting and Mitigating Against Corruption

BCLP on

Construction is a $1.7 trillion industry worldwide, contributing between 5 and 7 percent of GDP in most countries. However, it is also an industry that is highly vulnerable to corruption due to its inherent characteristics....more

American Conference Institute (ACI)

[Event] European Forum on Global Economic Sanctions - June 5th - 6th, Berlin, Germany

Hosted by the C5 Group Inc., the 2024 European Forum on Global Economic Sanctions will explore the evolution of the global economic sanctions landscape, analyzing everything from the shifting geopolitics around the globe, to...more

A&O Shearman

Investigations update: Hong Kong authorities ramp up enforcement in virtual assets and other sectors

A&O Shearman on

Hong Kong has seen cryptocurrencies grow in popularity, highlighting the need for appropriate licensing regimes (implemented in the form of virtual asset service providers (VASPs)), bolstered by active enforcement actions. ...more

Conyers

B2B, B2C, BVI – Crypto Disputes in the Caribbean

Conyers on

In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more

Eversheds Sutherland (US) LLP

Updata: Your quarterly privacy & cybersecurity update - July - September 2023

Welcome to the latest edition of Updata – the international update from Eversheds Sutherland’s dedicated Privacy and Cybersecurity team. Updata provides you with a compilation of privacy and cybersecurity regulatory and...more

BakerHostetler

Swiss Banks Launch Crypto Offerings; GAO Addresses SEC Crypto Bulletin; UK and Hong Kong Publish Crypto Guidance; DOJ and SEC...

BakerHostetler on

Swiss Banks Launch Tokenization Pilot, Crypto Custody and Trading Services - A recent press release announced a pilot by “SIX, the Swiss National Bank (SNB) and six commercial banks” that seeks “to test, in a live...more

Conyers

Important Takeaways for Bondholders: Do They Have Rights as Contingent Creditors?

Conyers on

The Cayman Islands Grand Court recently delivered its judgment in Re Shinsun Holdings (Group) Co., Ltd. FSD 192 of 2022 (DDJ) (21 April 2023) (unreported) (the “Shinsun Judgment”) in which the court determined the ultimate...more

A&O Shearman

Allen & Overy and Standard Chartered launch guide to payment regulations in Asia

A&O Shearman on

Allen & Overy and international banking group Standard Chartered have today launched the first Guide to Payment Regulations for corporates and fintech customers navigating the evolving payments landscape in eight key markets...more

Faegre Drinker Biddle & Reath LLP

English Commercial Court Rejects Public Policy Challenge to Hong Kong Arbitration Award

In Eternity Sky Investments Ltd v Mrs Xiaomin Zhang [2023] EWHC 1964 (Comm), the English Commercial Court refused to set aside an order for the enforcement of an arbitration award made in Hong Kong. The court rejected the...more

A&O Shearman

Hong Kong Court Applies Enka v Chubb in Determining the Governing Law of Dispute Resolution Clause

A&O Shearman on

The Court of First Instance in Hong Kong has adopted the English law principles for determining the governing law of dispute resolution clauses, such as arbitration clauses, in a recent judgment (China Railway v Chung Kin...more

BCLP

From Brown to Green: Financing Real Estate Decarbonisation - Energy Efficiency Series - Part 3

BCLP on

Across the real estate sector, the discussion has often focused on “green” development such as building carbon neutral real estate. Many traditional lenders have also focused their sustainability initiatives on financing...more

White & Case LLP

Determining arbitrability of disputes in Singapore: the “composite” approach

White & Case LLP on

Traditionally, there has been a lack of clarity across jurisdictions over what law applies to determine whether a dispute is arbitrable. The Singapore Court of Appeal has now set out a novel "composite" approach, considering...more

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