Arbitration and Winding Up - International Arbitration

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.

Arbitration and Winding Up / Hong Kong

HK Court Analyses the Salford-Lasmos Approach

March 14, 2020April 1, 2020 - by Phillip Rompotis

仲裁和清算程序
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.

Arbitration and Winding Up / Hong Kong

Arbitration and Winding Up – Lasmos 3rd Limb Considered

November 11, 2019January 11, 2020 - by Phillip Rompotis

仲裁和破产程序
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.

Arbitration and Winding Up / Enforcement / England / English Arbitration Act s.68 / Security / Setting Aside Award / Stay of Enforcement

English Court Considers Applications In Set Aside Matter Where Party In Administration

October 16, 2019October 16, 2019 - by Phillip Rompotis

英国法院考虑债务人管理的申请
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.

Arbitration and Winding Up / Hong Kong / Stay to Arbitration

Arbitration And Winding Up – Lasmos & But Ka Chon Considered by HK Court

September 11, 2019October 28, 2019 - by Phillip Rompotis

仲裁和破产程序
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.

Arbitration and Winding Up / Hong Kong / Hong Kong Arbitration Ordinance s.20 / Hong Kong Bankruptcy Rule 48(5) / Model Law Article 8

HK CA Considers Insolvency Proceedings And Arbitration

August 8, 2019September 23, 2019 - by Phillip Rompotis

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.

New HKIAC Administered Arbitration Rules further enhance efficiency of arbitrations

Arbitration and Winding Up / Scope of Arbitration Clause / Stay to Arbitration

Hong Kong Court Refuses To Stay Shareholder’s Dispute To Arbitration

June 17, 2019August 2, 2019 - by Phillip Rompotis

Phillip Rompotis reviews the Hong Kong High Court’s May 2019 decision in Dickson Holdings Enterprise …

Arbitration and Winding Up / English Arbitration Act s.67 / Jurisdiction / Setting Aside Award

English Court Overturns Award For Lack Of Jurisdiction Because Company Dissolved

June 7, 2019August 3, 2019 - by Phillip Rompotis

Herbert Smith Freehills reviews the 2019 decision from the English Commercial Court in GA-Hyun Chung …

Arbitration and Winding Up / Hong Kong

Winding-Up Petitions And Arbitration Agreements

July 13, 2018September 20, 2019 - by Phillip Rompotis

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.