Just, Equitable, Arbitrable?

The Royal Court’s decision is a modern confirmation that, as a matter of Jersey law, an application to wind up a company on just and equitable grounds is susceptible to arbitration. It underscores a critical point: courts generally uphold the sanctity of such clauses and refrain from intervening in disputes covered by them. Moreover, in jurisdictions with mandatory statutory stay provisions arising from Article II(3) of the New York Convention, there are limited instances where courts will be willing to decline to stay legal proceedings in favour of arbitration.

Justin-Harvey Hills, Katie Hooper and Stephan Venter acted for the Fund in this matter.