- 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
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.
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