The interrelationship between arbitration and insolvency proceedings: Guy Lam, Simplicity, Chenming, and Sian

In that case the Court of Appeal confirmed that the Court of Final Appeal’s decision in Guy Kwok-hung Lam applies to arbitrable cross-claims, just as it applies to arbitrable disputed debts. The effect is that a Hong Kong court hearing a winding up peteition for insolvency should ordinarily not decide is a bona fide dispute debt on a claim or cross claim if that dispute is the subject of an arbitration agreement. Instead the court should ordinarily refer the dispute to arbitration.

Outside Hong Kong, and shortly after the Chenming decision, the Privy Council took a radically different approach in Sian Participation Corp (In Liquidation) v Halimeda International Ltd.

SCLHK is in the process of applying to the Hong Kong Law Society for CPD points for this event.

SCLHK will be taking photographs at the event for use on Linked In and other publicity purposes.
In this talk, Alexander and Jason will:

• Look at state of law on the interrelationship between arbitration and insolvency proceedings; and
• Discuss where we should go from here