Speaker(s)

• Mr Oliver Payne, Partner, Ogier
• Ms Michaela Lam, Senior Legal Manager, Ogier
• Mr James Wood, Barrister, Denis Chang’s Chambers
• Mr Richard Leung JP FCG HKFCG, Barrister-at-law, Des Voeux Chambers (Chair)

Description

In the evolving landscape of dispute resolution, there is a growing trend towards utilising arbitration as an alternative to traditional court proceedings. This shift reflects a desire for more efficient, confidential, and flexible resolutions to disputes, particularly in complex shareholder and creditor issues. However, this trend also presents significant challenges, especially when arbitration clauses intersect with insolvency proceedings in different jurisdictions. Recent rulings by the Court of Appeal in Hong Kong in late 2024 clarified the position, which was further complicated by a subsequent UK court case.

To address these critical legal challenges and recent judicial developments, esteemed speakers at Ogier will discuss the recent decisions of the Judicial Committee of the Privy Council regarding whether winding up petitions should be stayed pending arbitration, both in the context of just and equitable petitions involving a dispute between shareholders (FamilyMart China Holding Co Ltd v Ting Chuan Holding Corporation) and insolvency petitions (Sian Participation Corp (In Liquidation) v Halimeda International Ltd).

Related to this discussion, speakers will also be highlighting some recent decisions of interest, including the importance of complying with the decisions of the offshore courts and the consequences of failing to do so (with reference to a recent BVI case where contempt findings were made) and the abolition of the "Shareholder Rule" by the Judicial Committee of the Privy Council in Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and Ors No 2 and what this means for directors and company secretaries.

This seminar aims to equip governance professionals with insights into navigating these complexities, ensuring they are prepared to address disputes effectively while understanding the nuances of arbitration and insolvency law. By fostering a deeper understanding of these issues, participants will be better positioned to make informed decisions in their professional practices.

Remarks on this Physical Session:

• This is the physical session and physical attendance is required for CPD counting purpose. If you wish to join online, please click HERE for the online session.
• Physical seats are limited and shall be taken on first-come first served basis. Registration will be closed on 29 October 2025 at 2.00pm.
• Once enrolment in the physical session is confirmed by the Institute, requests to change to online session will NOT be entertained.
• Physical attendance is subject to the weather condition at the time of the seminar. The Institute reserves the right to convert enrolment in the physical session into online session.

Level: Intermediate

Speakers' bios:
Mr Oliver Payne
Ms Michaela Lam
Mr James Wood
Mr Richard Leung (Chair)

Seat guarantee will only be given to HKCGI Fellows and/or Practitioner’s Endorsement (PE) holders if registered 10 clear working days with payment prior to the date of the seminar.