The Hong Kong Court of Final Appeal (CFA) has confirmed a Court of Appeal finding that the court should respect the effect of an exclusive jurisdiction clause in bankruptcy proceedings,.
The Hong Kong Court of Appeal has confirmed that the court should respect the effect of an exclusive jurisdiction clause in bankruptcy proceedings, just as it does in ordinary civil.
On 30 August 2022, the Hong Kong Court of Appeal overturned the Court of First Instance's decision in the case of Guy Kwok-Hung Lam v Tor Asia Credit Master Fund LP and held that a creditor's bankruptcy petition presented in Hong Kong should not be allowed to proceed where the petitioned debt was di.