Yesterday, Alexander Tang and Jason Fee from Des Voeux Chambers were invited by Society of Construction Law Hong Kong to present on the topic of “The Interrelationship Between Arbitration and Insolvency Proceedings” to the members of the Society, highlighting legal developments relating to the interplay between exclusive jurisdiction and arbitration clauses, as well as winding-up procedures.
Alex and Jason are counsel representing the respondent company in the recent Hong Kong Court of Appeal decision, Re Shandong Chenming Paper Holding Ltd.. The Court of Appeal confirmed that the Court of Final Appeal’s decision in Guy Kwok-hung Lam applies to both arbitrable cross claims and disputed debts. In addition, Alex and Jason discussed the contrasting developments in the UK resulting from the Privy Council’s decision in Sian Participation Co. Ltd. They also discussed their personal views on the preferred approach when confronting such conflicts.
