Dominic Geiser

Aug 14, 2024 | jdsupra.com | Martin Davies |Dominic Geiser |Oliver Middleton

The decision confirms that an arbitration agreement will be upheld in the face of insolvency proceedings only if it can be shown that the petition debt is genuinely disputed on substantial grounds. The Privy Council’s decision in Sian Participation Corp (in liq) v.

Apr 29, 2024 | jdsupra.com | Dominic Geiser |James Inness

This resolution is important for contractors’ rights to retention monies in construction contracts. The Hong Kong Court of First Instance (CFI) held in a recent judgment that, whilst the absence of segregation is not necessarily fatal to a trust, a valid trust cannot be formed due to lack of certainty of subject matter unless the money in question is part of a “sufficiently identifiable bulk”.

Nov 1, 2023 | jdsupra.com | Dominic Geiser |Hui XU

Foreign states are no longer immune from suit or execution in the PRC (including Hong Kong and Macau) in respect of their commercial activities.

Aug 14, 2023 | jdsupra.com | Anthony Chan |Dominic Geiser |James Inness

The Hong Kong Court confirmed that noteholders with beneficial interest in global notes do not have standing to present winding-up petitions against issuers. Meanwhile, the BVI Court reached the opposite conclusion in a separate case.

Jun 20, 2023 | jdsupra.com | Dominic Geiser

A recent ruling shows that an arbitration agreement alone is not necessarily a complete defence to a Hong Kong winding-up petition. The Hong Kong Companies Court recently issued a winding-up order against a debtor company, despite the presence of arbitration clauses in the agreements giving rise to the debt.