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This article considers the recent trend in cases which involve the extent of the Court’s jurisdiction to a determine a “just and equitable winding up petition” when faced with a valid arbitration agreement between the two parties.

In order to examine the trends, the piece compares and contrasts cases which took place in common law jurisdictions such as the Cayman Islands Court of Appeals and the Hong Kong Court of First Instance, as well as the British Virgin Islands. 

Authors: James Noble, Partner, Kate Lan, Senior Associate, and Yan Chng, Associate, Carey Olsen

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Region: British Virgin Isles, Hong Kong
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