{"title":"Re Simplicity & Vogue Retailing (HK) Co Ltd [2023] HKCFI 1443 (HCCW 457/2022, 30 May 2023) (coram Linda Chan J) [case comment]","authors":"Kenneth Zealot Tsui","doi":"10.1002/iir.1530","DOIUrl":null,"url":null,"abstract":"<p>The impact of an exclusive jurisdiction clause on a winding-up petition is settled in the English and Singaporean common law jurisdictions. In Hong Kong, the matter has recently been decided in the case of <i>Re Guy Kwok Hung Lam</i> (2023) 26 HKCFAR 119. Nonetheless, a similar issue has been brought up again in the cases of <i>Re Simplicity & Vogue Retailing (HK) Co Ltd</i> [2023] HKCFI 1443 (HCCW 457/2022, 30 May 2023) (per Linda Chan J) and Re <i>Shandong Chenming Paper Holdings Ltd</i> [2023] HKCFI 2731 (HCCW 175/2017, 25 October 2023) (per Harris J). The different approaches adopted in the two cases have sparked on the correct appraoch to be adopted. This article briefly introduces the different appraoches and suggest that the correct approach is to stay a winding-up petition in favour of an arbitration proceeedings launched purusant to an arbitration agreement.</p>","PeriodicalId":53971,"journal":{"name":"International Insolvency Review","volume":null,"pages":null},"PeriodicalIF":0.5000,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/iir.1530","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Insolvency Review","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1002/iir.1530","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"BUSINESS, FINANCE","Score":null,"Total":0}
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Abstract
The impact of an exclusive jurisdiction clause on a winding-up petition is settled in the English and Singaporean common law jurisdictions. In Hong Kong, the matter has recently been decided in the case of Re Guy Kwok Hung Lam (2023) 26 HKCFAR 119. Nonetheless, a similar issue has been brought up again in the cases of Re Simplicity & Vogue Retailing (HK) Co Ltd [2023] HKCFI 1443 (HCCW 457/2022, 30 May 2023) (per Linda Chan J) and Re Shandong Chenming Paper Holdings Ltd [2023] HKCFI 2731 (HCCW 175/2017, 25 October 2023) (per Harris J). The different approaches adopted in the two cases have sparked on the correct appraoch to be adopted. This article briefly introduces the different appraoches and suggest that the correct approach is to stay a winding-up petition in favour of an arbitration proceeedings launched purusant to an arbitration agreement.
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