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ARTICLE · 07 AUGUST 2024

Sian V. Halimeda: Privy Council Revisits Intersection Between Insolvency And Arbitration

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In an article published by Kluwer Arbitration Blog, Associate Erica Li discusses the factual and procedural background to and analysis of the Privy Council's recently issued decision in Sian v. Halimeda.

United StatesLitigation, Mediation & Arbitration
Erica Li
Erica Li
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On 19 June 2024, the Privy Council issued its decision in Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] UKPC 16, holding that winding up proceedings should not be automatically stayed or dismissed by the court where the disputed debt is subject to an arbitration agreement. Instead, the correct test to be applied by the court in the exercise of its discretion is whether the relevant debt is disputed on genuine and substantial grounds.

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Originally published by Kluwer Arbitration Blog, 1 August 2024

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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