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Debtors › Arbitration › Winding Up Petitions

Latham & Watkins LLP

Arbitration or Winding-Up? Privy Council Decision in Sian Participation Corp v. Halimeda Overrules Traditional English Approach

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The decision confirms that an arbitration agreement will be upheld in the face of insolvency proceedings only if it can be shown that the petition debt is genuinely disputed on substantial grounds....more

Hogan Lovells

Does an arbitration agreement protect a debtor from the threat of liquidation?

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In several Commonwealth jurisdictions, the corporate legislation allows creditors to petition a court to order the winding up of a debtor in circumstances where that debtor is unable to pay its debts as they fall due. Such...more

Hogan Lovells

A strong statement – Hong Kong court says arbitration agreement is "irrelevant" to the exercise of courts discretion in a...

Hogan Lovells on

Another Hong Kong court decision has questioned whether the judgment in the leading case of Lasmos Limited v. Southwest Pacific Bauxite (HK) Limited [2018] HKCFI 426, may have gone too far when it suggested that an...more

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