Sian Participation - revisiting the boundary between Insolvency and Arbitration under English Law

In the recent decision Sian Participation v Halimeda (Sian), the Judicial Committee of the Privy Council (the Privy Council) held on a BVI appeal that a winding-up petition should not be stayed or dismissed merely because the underlying debt is subject to a generally-worded arbitration agreement.

Filed under:
United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, Insolvency, Arbitration Act 1996 (UK)
Authors:
Billy Liu , Craig Montgomery , Neil Golding , John Choong
Location:
United Kingdom
Firm:
Freshfields Bruckhaus Deringer
Temporary prohibition on creditors from filing statutory demands and winding up petitions for COVID-19 related debts extended to 31 March 2021

As widely blogged about, on 26 June 2020 the Corporate Insolvency and Governance Act 2020 (the Act) came into force, introducing both far-reaching wholescale reforms to the UK’s restructuring toolbox as well as temporary measures dealing with COVID-19 impacts on companies. The two most significant temporary measures for companies facing financial difficulties as a result of the COVID 19 pandemic were:

Filed under:
European Union, United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Coronavirus
Authors:
Katharina Crinson , Craig Montgomery , Neil Golding , Richard Tett , Lindsay Hingston , Catherine Balmond , Ken Baird
Location:
European Union, United Kingdom
Firm:
Freshfields Bruckhaus Deringer