[2025] HKCFI 6415, the Court addressed two novel points in the application of the principles in 

 (2023) 26 HKCFAR 119: (1) how the discretion is engaged when the existence of an arbitration agreement is contested; and (2) whether the foreign governing law of the agreement, which might not consider a winding-up petition as a breach of an arbitration clause, could displace the 

The Company in this case had opposed the petition on the basis that the debt was extinguished under a Waiver Deed containing an arbitration clause. The Petitioner denied the debt was covered by the Deed, as it was not a named party in it. DHCJ Alexander Stock SC dismissed the petition on the ground that the Company raised a 

dispute that the Petitioner was bound by the Deed. He nonetheless proceeded to analyse the following:

The Court concluded it would have also dismissed the petition under 

This case affirms that public policy considerations in favour of holding parties to their agreement will likely prevail when there is an arguable case of an arbitration clause coupled with a genuine intention to arbitrate, and the Company is not shown to be “incontestably insolvent”.

, instructed by ONC Lawyers, for the Company.

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