27 Nov 2025
RE XU PEIXIN
- Citation
- [2025] HKCFI 5846
- Court
- Court of First Instance
- Case number
- HCB6058/2024
The court dismissed the petition and declined to exercise its bankruptcy jurisdiction to decide the disputed debt because the arbitration clause covered the dispute and the Debtor demonstrated a genuine intention to arbitrate; balancing party autonomy and insolvency public interest (and absent compelling insolvency risk to third parties), dismissal in favour of arbitration was appropriate despite delay; subsidiary findings on merits (including that the foreign illegality defence lacked realistic prospects) did not justify the court retaining the petition.