We have posted several articles dealing with the interplay between arbitration and insolvency proceedings. See, for example, our post “HK CA Considers Insolvency Proceedings And Arbitration”, dealing with But Ka Chon, Re Southwest Pacific Bauxite (HK) Ltd [2018] 2 HKLRD 449 (“the Lasmos case“), and Dayang (HK) Marine Shipping co Limited v Asia Master Logistics Limited [2020] HKCFI 311.
In “Would Party Autonomy Trump Winding-up Petitions? An Analysis of Hong Kong’s Position”, originally published in 13(2) CONTEMP. ASIA ARB. J. 365, the authors (lawyers from Withers) provide a detailed review of the legal position in Hong Kong and seek to ascertain Hong Kong’s position in situations where a winding-up petition is issued on the just and equitable ground and the insolvency ground. The article also endeavours to provide a possible coherent approach in the winding-up proceedings in light of the uncertainty of Hong Kong’s current position.
