September 25, 2023

FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corporation [2023] UKPC 33


On 20 September 2023, the Judicial Committee of the Privy Council allowed the appellant’s claim in FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corporation [2023] UKPC 33.

This appeal raises the question whether an agreement to settle disputes arising out of a shareholders’ agreement by arbitration may prevent a party to that agreement from pursuing a petition to wind up the company whose management is the focus of those disputes.

The Judicial Committee of the Privy Council grounds of decision in [2023] UKPC 33 can be found here.

Toby Landau KC acted for the successful appellant, instructed by Charles Russell Speechlys in London, Maples and Calder in the Cayman Islands and Sidley Austin in Hong Kong.