17 Dec 2021
HONGKONG JHC CO., LIMITED (IN LIQUIDATION) v. PEKING UNIVERSITY FOUNDER GROUP CO LTD
- Citation
- [2021] HKCFI 3817
- Court
- Court of First Instance
- Case number
- HCA1418/2021
The court dismissed the Administrator’s/applicants’ applications for a stay because filing proofs in the Mainland insolvency did not by itself displace the parties’ clear contractual choice of Hong Kong as exclusive forum for disputes governed by English law; Article 21 EBL and the Mainland reorganisation did not demonstrate the necessary strong reasons to override the jurisdiction clause; recognition and assistance to the Beijing reorganisation were granted but with tailored directions and limits (including preservation of the plaintiffs’ rights to proceed in Hong Kong).