Cram-across: Sino-Ocean Restructuring Plan Makes Waves
The evolution of the English RP continues to push the jurisdictional envelope.
The decision confirms that an arbitration agreement will be upheld in the face of insolvency proceedings only if it can be shown that the petition debt is genuinely disputed on substantial grounds.
United Kingdom, England & Wales, Arbitration & ADR, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Liquidation, Winding-up
A bankruptcy petition should not proceed if the debt is disputed and subject to an exclusive jurisdiction clause in favour of a foreign court.