Hong Kong Companies Court Clarifies Circumstances for Dismissing a Winding-Up Petition When Faced with an Arbitration Clause

In Lasmos Ltd v. Southwest Pacific Bauxite (HK) Ltd (02/03/2018, HCCW 277/2017), [2018] HKCFI 426 (Lasmos), the Court of First Instance held that a winding-up petition based on a disputed debt may be dismissed if there was an arbitration clause in the underlying agreement, upon which arbitration has commenced.

Filed under:
Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Baker McKenzie, Arbitration clause, Liquidated damages
Authors:
Kwun-Yee Cheung , Paul Teo
Location:
Hong Kong
Firm:
Baker McKenzie