Court of Appeal considered the effect of arbitration clause in insolvency proceedings

2 August 2019 – The Court of Appeal in But Ka Chon v Interactive Brokers LLC [2019] 4 HKLRD 85, [2019] 5 HKC 238 laid down the crucial principles involved in insolvency proceedings where the the debt on which the petition is based is covered by an arbitration clause. The Court of Appeal provided guidance as to whether such a petition should be dismissed or stayed for arbitration. Tony Ko appeared for the Appellants. The Judgment of the Court of Appeal can be found here.  An article about the case published in Hong Kong Lawyers (September 2019) can be found here.