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A discussion centring on new developments underpinning the concept of Modified Universalism

27 Aug 2019

Set against the backdrop of cross-border insolvency, Look-Chan Ho and Tiffany Chan delivered an insightful contemplation of the concept of modified universalism at a course organised by Lex Ominbus.

Braided with a multitude of landmark cases, including Re China Solar Energy Holdings Limited, Re CW Advanced Technologies, and China Medical Technologies Inc v Samson Tsang Tak Yung, the insolvency specialists presented their seminar before a lively audience of about 50 people on 23 August 2019.

Developments in modified universalism since A Co v B Co [ 2014] 4 HKLRD 374 have given way to a changing panorama of case law. These notable advancements –  which may give rise to further evolution of the law in the future  – merited discussion.

The talk was anchored by a consideration of the following areas

  • The Hong Kong Court’s jurisdiction to wind up foreign companies;
  • Recognition and assistance of foreign insolvency proceedings in Hong Kong; and
  • Cross-border restructuring and the restructuring powers of provisional liquidators.

The presentation was warmly received and incisive questions were posed in the Q&A session which followed the presentation.