In recent years, the courts have sought to strike a balance
between upholding contractual agreements to refer disputes to
arbitration and protecting a party's statutory rights to wind
up a company in court.
While courts in England and Hong Kong generally land on the side of
upholding arbitration agreements, the position in BVI and Cayman is
not so clear-cut and there is potentially more room for
argument.
Originally published by Hong Kong Lawyer.
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