Litigation

15 June 2021

Grand Court strikes out creditor's winding-up petition and comments on relationship with arbitration clauses

The Grand Court recently struck out a winding-up petition presented against Grand State Investments Limited by a shareholder claiming a debt on the ground that the alleged debt was disputed on bona fide and substantial grounds. In addition, the court went on to hold that, had the petition not been struck out, it would have been stayed anyway in favour of arbitration.

Michael Snape Authors: Michael Snape | Nicholas Tam | Christopher Levers | Nour Khaleq

Cayman Islands | Ogier

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Chinese court system: circuit courts

From 2015 to 2020 the basic structure of the Chinese court system remained as four levels: the Supreme People's Court, the higher people's courts, the intermediate people's courts and the basic people's courts. Circuit courts sit directly under the Supreme People's Court and are dispatched by the Supreme People's Court to local cities outside Beijing (where the Supreme People's Court sits). This article provides an overview of updates to the circuit court system implemented between 2015 and 2020.

Tim Yimin Liu Authors: Tim Yimin Liu | Iris Tingting Yang

China | Global Law Office

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Snapshot: appealing civil judgments

This article outlines the process and grounds upon which an appeal can be made in respect of a civil judgment by the Royal Court. It also mentions recent developments in appealing judgments of the Court of Appeal to the Judicial Committee of the Privy Council.

Bryan De Verneuil-Smith Authors: Bryan De Verneuil-Smith | Conor Morrissey

Guernsey | Ogier

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Court of Appeal on extensions of time to appeal and stays

The Court of Appeal recently had the opportunity to review some important points of practice regarding appeals against first-instance judgments – in particular, with respect to applications to extend time to appeal and to stay execution of judgments pending an appeal. While a short delay (which can be adequately explained) in serving a notice of appeal may not be fatal, a substantial delay of weeks or months is another matter.

Antony Sassi Authors: Antony Sassi | Adalia Chan | David Smyth

Hong Kong | RPC

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Court rules that management corporation may sue developer for latent defects in common property

When the statutory duty to "properly maintain the common property and keep it in a state of good and serviceable repair" is passed to a management corporation, does the corporation have standing to sue the developer for any defects in the common property? A high court recently addressed this question in a decision which is a significant and welcoming legal development concerning strata and building management.

Min Lee Tan Authors: Min Lee Tan | Mun Yan Mah

Malaysia | Gan Partnership

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Recent updates

Frozen in time: do limitation periods apply to claims against Cayman companies in liquidation?

Jennifer Fox Authors: Jennifer Fox | Victoria King

Cayman Islands | Ogier

Changing arbitration venue by mutual agreement makes new venue seat of arbitration

Nihal Shaikh Authors: Nihal Shaikh | Shrikant Pillai

India | Clasis Law

Complying with professional conduct rules for lawyers – a balancing act

Susanne Brütsch Author: Susanne Brütsch

Switzerland | Lenz & Staehelin

Is my name truly mine?

Bahari Yeow Tien Hong Authors: Bahari Yeow Tien Hong | Lim Zhi Jian | Alex Choo Wen Chun

Malaysia | Gan Partnership

Case law on guarantees for defective goods in contracts of sale

Marco Torsello Authors: Marco Torsello | Enrico Pedrotti

Italy | ARBLIT Radicati di Brozolo Sabatini Benedettelli Torsello

Terminating and opening bank accounts through litigation

Thijs Hekman Author: Thijs Hekman

Netherlands | AKD

Submission of evidence in court proceedings does not constitute copyright infringement

Axel Seger Authors: Axel Seger | Hans Eriksson

Sweden | Westerberg & Partners Advokatbyrå Ab

High Court issues reminder of res judicata and abuse of process principles

Emily Saffer Authors: Emily Saffer | Parham Kouchikali

United Kingdom | RPC

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