JUDGMENT

Collin Lawrence Sequerah JCA:

(A) Introduction

[1] The Appellant, who was the Defendant in the High Court, filed this appeal against the decision of the learned Judicial Commissioner given on 6 July 2022 in allowing the Respondent/ Plaintiff's application by way of an Originating Summons to restrain the Appellant from presenting a Winding-up Petition against the Respondent on the grounds that there existed a disputed debt.

[2] The background factual matrix that led to this appeal is that the Appellant alleged that the Respondent, as its appointed distributor and pursuant to a Distributorship Agreement, purchased two medical devices for which payment remains due and owing.

[3] The Respondent, on the other hand, contends that there was no such purchase as alleged, as there were certain other terms and conditions based upon the representations and understandings reached between the parties which went unfulfilled and hence, disputed that they owed the sum claimed.

[4] The legal issue in this appeal revolves around whether in the event a dispute arises between contracting parties who have chosen to resolve disputes through arbitration, and where one party issues a notice under s 466(