WebAug 20, 2024 · In Lasmos, the CFI held that save in exceptional or wholly exceptional circumstances, a winding-up petition would generally be dismissed where (i) the debtor … WebApr 15, 2024 · Based on this decision and contrary to Lasmos, the existence of an arbitration agreement pertaining to the debt alone, in the absence of a genuine or bona fide dispute as regards the debt, is not a sufficient ground for seeking a stay or dismissal of a winding up petition. It remains to be seen whether Lasmos will be followed in future … 3x3 game theory calculator WebThe company takes the steps required under the arbitration clause to commence the contractually mandated dispute resolution process (which might include preliminary stages such as mediation) and files an affirmation in accordance with r.32 of the Companies (Winding-Up) Rules, Cap 32H, demonstrating this. See here for a review of the Lasmos … WebFeb 12, 2024 · Lasmos Limited v Southwest Pacific Bauxite (HK) Limited 1. Before the topical Lasmos decision in March 2024, the general position, where a company faced with a winding-up petition wanted to have ... best fishing balaclavas WebApr 25, 2024 · In Lasmos Ltd v.Southwest Pacific Bauxite (HK) Ltd (02/03/2024, HCCW 277/2024), [2024] HKCFI 426 (“Lasmos“), the Court of First Instance held that a winding-up petition based on a disputed debt may be dismissed if there was an arbitration clause in the underlying agreement, upon which arbitration has commenced.. This decision broadens … WebAnother Hong Kong court decision has questioned whether the judgment in the leading case of Lasmos Limited v Southwest Pacific Bauxite (HK) Limited [2024] HKCFI 426, may … best fishing armor hypixel skyblock WebThe judgment is of interest as it also addressed (albeit obiter) the 2024 decision in Lasmos Ltd v Southwest Bauxite (HK) Ltd (“Lasmos”). The issue. One issue in But Ka Chon and …

WebMar 14, 2024 · Harris J, in Lasmos [2024] HKCFI 426 adopted the Salford approach. The Court in both Salford and Lasmos held, where parties have contractually agreed to have their disputes resolved by arbitration, such … WebMar 6, 2024 · On 22 January 2024, the Honourable Mr Justice Harris struck out a winding-up Petition presented by Lasmos Limited ("Lasmos") against Southwest Pacific Bauxite (HK) Ltd (the "Company") in favour of ... best fish indian curry WebMar 6, 2024 · A. The Pro-Arbitration Approach. The first, and dominant, approach is to favour the arbitration regime. This approach was followed in Salford Estates itself. The Court of Appeal expressed concern that allowing the petition in such circumstances would risk encouraging parties to an arbitration agreement to present winding-up petitions as … WebAug 31, 2024 · One such kind of dispute that essentially falls in this category is the “conflict of arbitration with winding up proceedings”, winding up proceedings primarily being … best fish in australia to eat WebNov 22, 2024 · In our previous post, we considered the interplay between insolvency proceedings and arbitration.That post considered Re Southwest Pacific Bauxite (HK) Ltd [2024] HKCFI 426 (the Lasmos case), But Ka Chon v Interactive Brokers LLC [2024] HKCA 873, and In The Matter of Golden Oasis Health Limited [2024] HKCFI 2173.. In Sit Kwong … WebThe charterparty also provided for arbitration in Hong Kong with English law to apply. The charterers ultimately chartered the vessel for about 77 days and the amount of hire was … 3x3 games reddit WebHarris J in Lasmos was attracted to this reasoning, suggesting that a Court should generally dismiss winding-up petitions if: (a) a company disputes the debt relied upon by the winding-up petitioner; (b) the contract under which the debt is alleged to have arisen contains an arbitration clause that covers any dispute relating to the debt; and ...

WebLexis ® Smart Precedents . Lexis ® Smart Precedents is a quick way to draft accurate precedents so you can be confident your documents are correct, giving you more time to focus on clients. 3 x 3 galvanized square tubing WebMay 31, 2024 · the agreement contains an arbitration clause, the winding-up petition can be dismissed and referred to arbitration if there is prima facie dispute of debt as was held in Awangsa Bina v Mayland Avenue. ... 5 SLR 977, and lastly Hong Kong Court of First Instance decision in Lasmos Limited v Southwest Pacific Bauxite (HK) Limited [2024] ... 3x3 full house