HK CA Inching closer to upholding primacy of arbitration agreements in winding up proceedings?
In Lam v Tor Asia Credit Master Fund LP [2022] HKCA 1297, the Court of Appeal revisited, in the context of an application to set aside a bankruptcy order where the underlying contract contained an exclusive jurisdiction clause, the interrelationship between exclusive jurisdiction clauses and bankruptcy/winding up petitions. In so doing, the CA offered some further thoughts […]