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In this recent article published in the Companies and Securities Law Bulletin, Suzanne Robertson QC considers how the New Zealand Courts should approach an application to wind up a company in circumstances when the disputed debt is subject to arbitration.

A creditor ought not be allowed to avoid a statutory demand by belatedly serving a notice to arbitrate, unless the debt is genuinely disputed on substantial grounds. The New Zealand Courts have not yet been asked to decide whether the standard test of “substantial dispute” ought to be applied where any such dispute is the subject of an arbitration clause. When the issue does arise, the test should be the same regardless of whether the parties have agreed to submit disputes to arbitration.

The full article is available her: [2020] CSLB 77