Dayang (HK) Marine Shipping Co Ltd v Asia Master Logistics Ltd

Where a creditor presents a winding-up petition based on a debt subject to an arbitration agreement, the debtor must still establish a bona fide dispute on substantial grounds; the mere existence of an arbitration clause does not displace that traditional threshold and does not of itself require the petition to be dismissed or stayed (the existing 's.81 setting-aside / Court of Appeal' description is incorrect: this is a CFI winding-up-versus-arbitration decision).