Dr Min Kyung Kim co-authored an article with Mr Justice Jonathan Harris of the Hong Kong High Court on the interplay between arbitration and insolvency. The article, titled “Arbitration versus Insolvency: Balancing Party Autonomy and Public Policy”, has been published in the International & Comparative Law Quarterly (2026) 75(1) ICLQ 129–155 by Cambridge University Press.
The article examines the tension between arbitration and insolvency in common law jurisdictions. Focusing on the divergence between the English decision in Salford Estates and the Privy Council’s decision in Sian Participation Corp v Halimeda International Ltd, it critically assesses their approaches to disputes concerning a creditor’s standing to present a winding-up petition. Through comparative analysis, including consideration of the Singapore courts’ judgment in AnAn Group Pte Ltd v VTB Bank, it argues that a correct understanding of the test in the Hong Kong decision Re Southwest Pacific Bauxite (HK) Ltd (commonly known as Lasmos) provides a more principled framework, balancing party autonomy and insolvency principles.
The article can be assessed at: https://doi.org/10.1017/S0020589326101419
