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
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.
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