Category

Interim Measures

Category

Korea’s Supreme Court holds foreign provisional attachments have no effect in Korea — creditors must secure Korean assets through Korean courts. In brief A favorable ruling from a foreign court or arbitral tribunal is often only the first step in a cross-border recovery strategy. Where the counterparty’s assets are located in Korea, the creditor must separately navigate Korea’s own recognition and enforcement framework — and that framework has just become clearer on a question that…

In the recent Court of Appeal decision in Bi Xiaoqiong (in her personal capacity and as trustee of the Xiao Qiong Bi Trust and the Alisa Wu Irrevocable Trust) v China Medical Technologies, Inc (in liquidation) and another [2019] SGCA 50, the Court of Appeal dismissed an appeal against the grant of a Mareva injunction in support of foreign court proceedings. Background The second respondent, CMED Technologies (“CMED”) was the wholly owned subsidiary of the…