ARTICLE
29 October 2019

Walking The Tightrope Between Agreements To Arbitrate And Winding Up Proceedings: Differing Approaches In Onshore And Offshore Jurisdictions

W
Walkers

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Walkers is a leading international law firm which advises on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. From our 10 offices, we provide legal, corporate and fiduciary services to global corporations, financial institutions, capital markets participants and investment fund managers.
In recent years, the courts have sought to strike a balance between upholding contractual agreements to refer disputes to arbitration and protecting a party's statutory rights to wind up a company in court.
Hong Kong Litigation, Mediation & Arbitration

In recent years, the courts have sought to strike a balance between upholding contractual agreements to refer disputes to arbitration and protecting a party's statutory rights to wind up a company in court.

While courts in England and Hong Kong generally land on the side of upholding arbitration agreements, the position in BVI and Cayman is not so clear-cut and there is potentially more room for argument.

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Originally published by Hong Kong Lawyer.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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