The issue in the appeal is how a court should approach a winding up petition when an arbitration clause applies to the debt. The Respondent challenges the decision of the English Court of Appeal in Salford Estates v Altomart (No 2) to the effect that a winding up petition will be stayed or dismissed if there is a dispute within the scope of an arbitration clause unless there are exceptional circumstances. The Appellant challenges the decision of the BVI Court of Appeal in Jinpeng (which refused to follow Salford Estates).
Paul addressed the Board in oral submissions on the proper approach to appeal as of right for winding up petitions. The Board asked to be addressed on this issue which will be of significant interest to offshore litigators.
Paul was led by James Morgan KC (of Radcliffe Chambers) instructed by Harneys (Philip Kite, André McKenzie and Jhneil Stewart appearing) and Seladore Legal (Simon Bushell and Kevin Kilgour).
