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Arbitration Week: The Interaction between Arbitration and Insolvency Law

30 Oct 2018

Look-Chan Ho spoke at an HK Arbitration Week event today hosted by HFW entitled “The Interaction between Arbitration and Insolvency Law”. The other panellists were Ben Bury (Holman Fenwick Willan), Damien McDonald (Fangda), Damian Honey (Holman Fenwick Willian), Charlie Morris (Woodsford Ligation Funding) and Damien Whitehead (Ashurst).

The panel discussed the funding of claims in an insolvency context and how arbitration could intersect with the various stages of an insolvency situation, namely the right to commence insolvency proceedings, the impact of commencement of insolvency proceedings on arbitration proceedings, the arbitrability of insolvency claims (such as unlawful preference claims), and the possibility of using arbitration to open a concluded restructuring plan.

Recent Hong Kong insolvency/arbitration cases were discussed at some length, including Re Southwest Pacific Bauxite (HK) Ltd [2018] 2 HKLRD 449 and Shandong Chenming Paper Holdings Ltd v Arjowiggins HKK 2 Ltd [2017] HKEC 1436.