Sian v. Halimeda: Privy Council Revisits Intersection Between Insolvency and Arbitration
- Erica Li
- 8.5.2024
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.
Excerpt: “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.”
