Focusing on structures in which an immediate holding company is incorporated in the British Virgin Islands (BVI) or the Cayman Islands, this article highlights how variances in approaches to insolvency are no longer merely theoretical but central to strategies for enforcing arbitration clauses. It focuses on how, over the past two years, courts in Hong Kong, the BVI and the Cayman Islands have adopted diverging approaches to arbitration clauses in cases in which creditors seek to wind up debtor companies.
Asian Dispute Review