In a helpful and detailed review of the legal position in Hong Kong, the authors seek to ascertain HK’s position where a winding-up petition is issued on the just and equitable ground and the insolvency ground, suggesting a possible coherent approach.
The interplay between arbitration and winding up proceedings continues to attract judicial attention, with a recent decision from Singapore’s highest court affirming the prima facie test, meaning that a debtor need only show that there is a dispute subject to an arbitration agreement.
In the latest decision from the HK High Court to consider the interplay between arbitration and winding-up proceedings, Lavesh Kirpalani, Counsel at Prince’s Chambers, reviews the decision in Re Asia Master Logistics, where he appeared for the successful petitioner.
The Court of Appeal dismisses an appeal against a bankruptcy order finding that the debt was not covered by an arbitration clause. The Court also considered recent authorities arising out of the Lasmos case.
The English High Court deals with various interlocutory applications in a forthcoming challenge to an arbitration award, including payment of security and a stay of enforcement.
Golden Oasis is the latest in a series of cases (Lasmos, But Ka Chon) dealing with the interplay between insolvency proceedings and arbitration. While the Court agreed with parts of Lasmos, it dismissed the stay to arbitration application as no relevant arbitration clause existed.
In But Ka Chon, the CA suggested that the approach in Lasmos – that a petition to wind up a company should generally be dismissed where the contract contains an arbitration clause – propounded an overly one-sided approach to the discretion to set aside a statutory demand.Continue Reading
Phillip Rompotis reviews the Hong Kong High Court’s May 2019 decision in Dickson Holdings Enterprise …Continue Reading
Herbert Smith Freehills reviews the 2019 decision from the English Commercial Court in GA-Hyun Chung …Continue Reading
The HK Companies Court departs from previous authority, holding that a petition to wind up a company on insolvency grounds should generally be dismissed when, inter alia, the contract under which the debt is alleged to arise contains an arbitration clause.Continue Reading
Baker McKenzie review the Hong Kong High Court’s 27 June 2017 decision in Chen Hong …Continue Reading
Herbert Smith Freehills review the Hong Kong High Court’s decision in Chen Hongqing v Mi …Continue Reading
Herbert Smith Freehills review the Federal Court of Australia’s 2016 decision in WDR Delaware Corporation …Continue Reading
King & Wood Mallesons review the interplay between the insolvency regimes in Australia and the …Continue Reading