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C-Mobile Services Limited -v- Huawei Technologies Co Limited Claim No. BVIHCMAP 2014/0006 (September 2015)

September 2015 LiquidationWinding UpInsolvency

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

CIVIL APPEAL – SETTING ASIDE STATUTORY DEMAND – SECTION 157(1) AND SECTION 157(2) OF THE INSOLVENCY ACT, 2003 – WHETHER STATUTORY DEMAND CONTRARY TO ARBITRATION CLAUSE IN CONTRACT – WHETHER THE RESPONDENT WAS BARRED BY THE CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS (NEW YORK, 1974)

This Appeal concerned the decision by the Court below to refuse the Appellant’s application to set aside the service of a statutory demand on it. The Appellant relying on Section 157(1) of the Insolvency Act, 2003 (the “Insolvency Act”), sought to set aside the statutory demand on various grounds, which it was alleged amounted to there being a substantial dispute as to the debt.

 

To continue reading full articles in PDF format:
C-Mobile Services Limited -v- Huawei Technologies Co Limited Claim No. BVIHCMAP 2014/0006 (September 2015)

 

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