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Hong Kong court refuses to grant an anti-suit injunction to stay a winding-up petition where an arbitration agreement existed (C v D)

Hong Kong court refuses to grant an anti-suit injunction to stay a winding-up petition where an arbitration agreement existed (C v D)
Published on: 14 August 2020
Published by: LexisPSL
  • Hong Kong court refuses to grant an anti-suit injunction to stay a winding-up petition where an arbitration agreement existed (C v D)
  • What are the practical implications of this case?
  • Delay may be fatal, and comity is relevant too
  • The interaction between an arbitration clause and a winding-up petition
  • The creditor and debtor perspectives
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Arbitration analysis: The Hong Kong Court of First Instance dismissed an application by C, a British Virgin Islands (BVI) company, for an interim anti-suit injunction against proceedings commenced by D, a Cayman Islands company, for the winding-up of C in the High Court of the BVI. C’s application was unsuccessful despite the fact that C had commenced arbitration proceedings against D in relation to D’s allegation against C for failure to buy back shares of a Cayman Island company, H, which formed the basis of D’s winding-up proceedings against C in the BVI courts. Written by James Kwan, partner in the international arbitration group at Hogan Lovells, Hong Kong. or take a trial to read the full analysis.

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