8 December 2021
What will the Hong Kong Courts do when the debt upon which a winding up petition is based is subject to an arbitration agreement? The tension between insolvency and arbitration remains unresolved.
At its core lies an inherent conflict between party autonomy to choose arbitration and the statutory right of creditors to invoke the insolvency jurisdiction of the Courts.
There are inevitably competing interests and a need to strike a balance based on the circumstances of each case, but how have Hong Kong and other common law jurisdictions navigated this? Felda Yeung and Kritika Sethia explore this in an article for Hong Kong Lawyer magazine.
Click here to read the full article on page 29-31.
