Abstract In Hyalroute Communication Group Limited v Industrial and Commercial Bank of China (Asia) Limited 2025 HKCFI 2417, the Hong Kong Court of First Instance refused to grant an anti-suit injunction to restrain Cayman winding-up proceedings where the underlying dispute is subject to an arbitration agreement in favour of HKIAC arbitration. This note critically examines the case that was decided by construing the arbitration agreement, in light of the divergence in approaches over the interaction between dispute resolution clauses and winding-up proceedings across common law jurisdictions in the aftermath of Sian Participation Corp (In Liquidation) v Halimeda International Ltd 2024 UKPC 16, 2024 3 WLR 937, and concludes by noting potential public policy considerations and dispute-avoidance drafting techniques.
Leung et al. (Tue,) studied this question.