HK CA Inching Closer to Upholding Primacy of Arbitration Agreements in Winding Up proceedings?

This judgment deals primarily with the impact of an exclusive jurisdiction clause in the context of winding up proceedings, but also provides an inkling of how an arbitration agreement may be dealt with in the same context, and considers the extent to which the “bona fide dispute on substantial grounds” general test is being nudged aside in favour of upholding the primacy of an arbitration agreement.

Continue Reading