Re Shift Energy Asia Limited

To engage the Re Guy Lam discretion to decline winding-up jurisdiction in favour of an arbitration agreement, the company must at least establish a prima facie or arguable case that an arbitration agreement governs the petition debt; where the very existence or applicability of the arbitration clause is genuinely disputed the imperative to defer to arbitration is reduced, but the court may still exercise its multi-factorial discretion to dismiss the petition.