Hong Kong—winding-up petition stayed pending arbitration on just and equitable grounds

Hong Kong—winding-up petition stayed pending arbitration on just and equitable grounds

China Europe International Business School v Chengwei Evergreen Capital LP

Arbitration analysis: The Hong Kong Court of First Instance ordered that a winding-up petition presented against CEIBS Publishing Group Ltd (the ‘Company’) on just and equitable ground be stayed pending the determination of the arbitration between the petitioner, China Europe International Business School (the ‘Petitioner’) and the Company. Upon the determination of the arbitration, the parties have liberty to restore the petition for further directions. The approach of the court is consistent with leading case authorities in Hong Kong and England and Wales. One of the arguments raised in opposition to the stay was that some respondents to the petition were non-parties to various arbitration agreements. Despite that, the court considered that the substance of the disputes in the petition fell within the scope of the arbitration agreements. Written by Alexander Tang, partner at Stephenson Harwood.

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This analysis was first published on Lexis®PSL on 6 December 2021.

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