Cayman Islands:
A Just And Equitable Decision: Cayman Court Of Appeal Defines The Limits Of Arbitration In A Winding Up
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On 23 April 2020, the Cayman Islands Court of Appeal
("CICA") delivered an important decision in the case of
Re China CVS (Cayman Islands) Holding Corp., which focussed on the
question of arbitrability of shareholder petitions for the winding
up of a company on the just and equitable ground. The CICA (Moses
JA, Martin JA and Rix JA) unanimously determined that the petition
in question was not arbitrable, thus overturning the first instance
decision of Kawaley J, which formed the subject of our bulletin
"Court Grants Mandatory Arbitration Stay in Winding
Up Proceedings".
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