Court grounded Guy Lam principles in policy considerations favouring arbitration when a winding-up petition is stayed pending arbitration of the underlying dispute.
arbitration
A dispute must be referred to arbitration if it falls within the scope of the arbitration agreement, applying a generous interpretation in favour of arbitrability.
Enforcement of international commercial arbitral awards does not involve arbitrators exercising judicial power; enforcement itself is a judicial function constitutionally vested in Chapter III courts.
Court considered how the Guy Lam discretion operates where the existence of an arbitration agreement is itself in dispute.
Get a detailed analysis of Re Simplicity Vogue and how it applies to your situation.
Explain Re Simplicity Vogue