A Just and Equitable Decision: Cayman Court of Appeal Defines the Limits of Arbitration in a Winding Up

On 23 April 2020, the Cayman Islands Court of Appeal ("CICA") delivered an important decision in the case of Re China CVS (Cayman Islands) Holding Corp., which focussed on the question of arbitrability of shareholder petitions for the winding up of a company on the just and equitable ground. The CICA (Moses JA, Martin JA and Rix JA) unanimously determined that the petition in question was not arbitrable, thus overturning the first instance decision of Kawaley J, which formed the subject of our bulletin "Court Grants Mandatory Arbitration Stay in Winding Up Proceedings".

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