Emerging issues in the restructuring and insolvency industry in Asia
3 Dec - 4 Dec 2026
Session information
Session four: Common law v legislation for Hong Kong’s famous flexibility in cross-border insolvency: an update on cross-border cases and cooperation/recognition of receiverships and foreign restructuring processes
Friday 4 December (1500 - 1615)
Description
The ongoing tension between common law and statutory frameworks in cross-border insolvency is reflected in how jurisdictions balance judicial flexibility against the certainty offered by codified regimes such as the UNCITRAL Model Law. Common law systems, including Hong Kong, continue to rely on principles such as modified universalism and judicial discretion to recognise and assist foreign proceedings, while legislative regimes seek, not always successfully, to provide more streamlined mechanisms for recognition and cooperation across borders. This is a review and update of recent developments across Asia and elsewhere where there is divergence and different approaches.
Session / Workshop Chair(s)
| John Marsden | JSM, Central, Hong Kong SAR |
Speakers
| Jocelyn Chi | Kroll, Central, Hong Kong SAR |
| Smitha Menon | WongPartnership, Singapore, Singapore |
| Liam Mills | Gateley Legal, London, England |
| Mat Ng | Grant Thornton Recovery & Reorganisation Limited, Causeway Bay, Hong Kong SAR |
| Eva Sit SC | Hong Kong Bar Association, Hong Kong, Hong Kong SAR |