The Court of Appeal handed down two important judgments yesterday (23 April 2024) in 

Re Simplicity & Vogue Retailing (HK) Co Ltd 

 Arjowiggins HKK 2 Ltd v Shandong Chenming Paper Holdings Ltd

 [2024] HKCA 352, which elucidate the scope of the Court of Final Appeal’s decision in 

 decided that absent countervailing factors, the Court should generally uphold exclusive jurisdiction clauses (“

”) and decline to exercise its insolvency jurisdiction. Whether the same approach applies to disputes subject to arbitration clauses and cross-claims has since garnered significant debate.

 applies in cases where the dispute falling within an exclusive forum agreement arises due to a (i) a dispute of the petition debt (ii) a claim of set-off or (iii) a cross-claim that does not give rise to set-off:

, instructed by Herbert Smith Freehills, acted for the Petitioner in 

, instructed by C.L. Chow & Macksion Chan, acted for the Petitioner in 

, Alexander Tang and Jason Fee, instructed by King & Wood Mallesons, acted for the Respondent in 

 previously advised and appeared in related proceedings of the 

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Court of Appeal Sheds Light on the Scope of Re Guy Lam

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