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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)
JurisdictionHong Kong
CourtCourt of Appeal of the High Court of the Hong Kong SAR
Year2024
StatusBinding authority

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

Related Cases

Re Shift Energy Asia Limited [2025] HKCFI 6415
Hyalroute Communication Group Limited v Industrial and Commercial Bank of China (Asia) Limited [2025] HKCA 936
CNG v G & Ors [2025] HKCFI 3598

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