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Hong Kong
winding uparbitration clause winding up
Re Simplicity Vogue
Re Simplicity & Vogue Retailing (HK) Co Ltd [2024] HKCA 299; [2024] 2 HKLRD 1064 (Court of Appeal, not Court of First Instance)
Key Principle
The Re Guy Lam approach applies by analogy where the petition debt (or a cross-claim) is subject to an arbitration agreement: absent countervailing factors the court should generally hold the parties to their arbitration agreement and dismiss or stay the winding-up petition, grounding that discretion in the public policy favouring party autonomy and arbitration.
Area of Law
arbitration
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