Latest Thinking

This insight explores how common law courts tackle a highly debated and topical issue, the interplay of winding up and arbitration. The key question concerns whether a winding up petition against a debtor company may be dismissed or stayed, where the petition debt concerns a dispute subject to an arbitration agreement between the creditor and the debtor company. Analysing recent representative cases in Hong Kong, Singapore, Australia and the United Kingdom, this article explains how these courts weigh up competing interests of a creditor’s right to petition for the winding up of a debtor and the parties’ agreed choice of dispute resolution, and discusses the practical implications for commercial parties.