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- Title
Does the ‘Guy Lam Principle’ apply to arbitration clauses?
- Authors
O’Hare, Bryan; Pui Yip Leung; Wing Lui; Rachel Yeung
- Abstract
On 4 May 2023, the Hong Kong Court of Final Appeal (CFA) delivered a groundbreaking judgment in Re Guy Kwok-Hung Lam [2023] HKCFA 9, in relation to whether a foreign exclusive jurisdiction clause (EJC) should be upheld in insolvency cases.The CFA decided that in an ordinary case where there is an EJC, absent any countervailing factors such as the risk of insolvency affecting third parties and a dispute that borders on the frivolous or abuse of process, the petitioner and debtor out to be held to their contract (‘the Guy Lam Principle’). Following the judgment, two cases have appeared before the Hong Kong Court of First Instance where the court has been asked to consider whether the Guy Lam Principle also applies to arbitration clauses.The Honourable Madam Justice Linda Chan and the Honourable Mr Justice Jonathan Harris have handed down what appear to be diverging judgments on this issue in Re Simplicity &Vogue Retailing (HK) Co Ltd [2023] HKCFI 1443 and Re Shandong Chenming Paper Holdings Ltd [2023] HKCFI 2065, respectively.
- Subjects
HONG Kong (China); LEGAL judgments; JUSTICE; FALSE imprisonment; ARBITRATION &; award; ARBITRATION clauses (Contracts); APPELLATE courts
- Publication
Insolvency & Restructuring International, 2023, Vol 17, Issue 2, p20
- ISSN
1995-0241
- Publication type
Article