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Salford Estates (No 2) Ltd v Altomart Ltd (No 2)

[2014] EWCA Civ 1575; [2015] Ch 589; [2015] 1 WLR 1825
JurisdictionUnited Kingdom
CourtCourt of Appeal (Civil Division)
Year2014
StatusOverruled

Key Principle

Where a winding-up petition is founded on a debt subject to an arbitration agreement, the court should generally exercise its discretion to dismiss or stay the petition unless the debt is admitted or there are wholly exceptional circumstances, leaving the dispute to arbitration.

Area of Law

i

Related Cases

Cambridge Gas Transport Corp v Official Committee of Unsecured Creditors of Navigator Holdings plc [2006] UKPC 26; [2007] 1 AC 508 (PC)
Money Markets International Stockbrokers Ltd (in liquidation) v London Stock Exchange Ltd [2001] EWHC 1052 (Ch); [2002] 1 WLR 1150
Re Charnley Davies Ltd (No 2) [1990] BCLC 760; [1990] BCC 605 (Ch D, Millett J)

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