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Hong Kong
scope of clausewinding upunfair prejudice
Dickson Holdings Enterprise Co Ltd v Moravia CV
[2019] 3 HKLRD 210; [2019] HKCFI 1424 (Court of First Instance, not Court of Appeal)
Key Principle
A winding-up/unfair-prejudice petition will not be struck out or stayed in favour of arbitration unless the respondent shows, at least on a prima facie basis, that the substance of the dispute falls within the ambit of the arbitration clause; matters concerning the company's affairs may fall outside a clause confined to disputes under the shareholders' agreement.
Area of Law
arbitration
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