Arbitration Law Monthly

Stay of proceedings: arbitrability of winding-up proceedings

It is settled law that an arbitral tribunal cannot wind up a company. In FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corporation [2023] UKPC 33; [2023] 2 Lloyd's Rep 527, an appeal to the Privy Council from the Court of Appeal of the Cayman Islands, the further question was whether the disputes which have given rise to a winding-up petition are arbitrable so that the winding-up petition can be stayed pending the outcome of the arbitration.

The Privy Council ruled that there is no reason why the underlying dispute cannot be arbitrated even though the only remedy sought is winding up.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.