Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Sian Participation Corp v Halimeda International Ltd
    2024-07-04

    In December 2012, Halimeda International Ltd lent $140m to Sian Participation Corp. The loan agreement provided that any claim, dispute or difference of whatever nature arising under, out of or in connection with the loan should be referred to arbitration. In September 2020, in proceedings akin to a winding up petition, Halimeda applied to have liquidators appointed over Sian under the BVI Insolvency Act 2003. Wallbank J held that Sian had failed to show that the debt was disputed on genuine and substantial grounds and ordered that the company be put into liquidation.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Wedlake Bell, Liquidation, UK Supreme Court
    Authors:
    Edward Saunders
    Location:
    United Kingdom
    Firm:
    Wedlake Bell
    Winding up vs arbitration - stay of creditor’s winding up proceedings refused by Privy Council
    2024-07-03

    The inter-relationship between disputed debts, arbitration agreements and winding up proceedings has come up again this time before the Privy Council in Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] UKPC 16. In delivering this important judgment, the Privy Council looked closely at the dividing line between two areas of public policy, namely insolvency and arbitration.

    Background

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Carey Olsen
    Authors:
    Helen Wang , Joni Khoo
    Location:
    United Kingdom
    Firm:
    Carey Olsen
    Sian Participation - revisiting the boundary between Insolvency and Arbitration under English Law
    2024-07-04

    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
    CA decisions: Guy Lam principles apply to arbitration clauses
    2024-06-05

    Re: SIMPLICITY & VOGUE RETAILING (HK) CO., LIMITED [2023] HKCFI 1443 (date of decision: 23 April 2024)

    Filed under:
    Asia-Pacific, China, Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, Mediation
    Authors:
    Alexander Tang , Hillary Kong
    Location:
    Asia-Pacific, China, Hong Kong
    Firm:
    Stephenson Harwood LLP
    The Arbiter International Disputes Newsletter- Summer 2024
    2024-06-14

    Summer 2024 Editor: Melanie Willems IN THIS ISSUE “Seething on a jet plane” - conditions precedent and time of the essence in commercial contracts by Jack Spence 03 09 11 24 Diamonds aren’t forever: who is vicariously responsible when they have been stolen?

    Filed under:
    United Kingdom, Scotland, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Barclays, House of Lords, Meta, UK Supreme Court
    Location:
    United Kingdom
    Firm:
    Haynes and Boone LLP
    Conflicting Statutes: ERISA Arbitration & Bankruptcy Claims Allowance (In re Yellow Corp.)
    2024-06-18

    We have a direct statutory conflict:

    • one statute requires an ERISA dispute to be resolved in arbitration; but
    • a bankruptcy statute requires the same dispute to be resolved in bankruptcy.

    Which statute should prevail? The bankruptcy statute, of course.

    • That’s the conclusion of In re Yellow Corp.[Fn. 1]

    Statutory Conflict

    The In re Yellow Corp. case presents a direct conflict between these two federal statutes (emphases added):

    Filed under:
    USA, Nebraska, Arbitration & ADR, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Federal Arbitration Act 1926 (USA), Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Navigating the crossroads between arbitration and insolvency proceedings: the Hong Kong Court of Appeal applies Guy Lam principles in a winding up case involving an arbitration clause
    2024-05-08

    Can a creditor obtain a winding up order against a debtor company if the underlying dispute over the debt is subject to an arbitration agreement between the parties?

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Herbert Smith Freehills LLP
    Authors:
    Gareth Thomas , Rachael Shek , Jojo Fan , Trevor Ho
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    A Guide to Arbitrability in International Arbitration
    2024-05-08

    Introduction

    When parties agree to submit disputes to arbitration there is often language defining the issues that can be determined by arbitration, such as ‘any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination’ (LCIA recommended clause). Once a dispute has arisen the exact scope of the issues before the arbitral tribunal will likely be detailed in the terms of reference or other procedural document.

    Filed under:
    Global, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Charles Russell Speechlys, Anti-bribery and corruption, Insolvency, Arbitration Act 1996 (UK), Insolvency Act 1986 (UK), London Court of International Arbitration
    Authors:
    Peter Smith , John Olatunji
    Location:
    Global, United Kingdom
    Firm:
    Charles Russell Speechlys
    Hong Kong Court of Appeal clarifies effect of Arbitration Clauses on insolvency proceedings
    2024-05-20

    In highly-anticipated twin rulings, the Hong Kong Court of Appeal has confirmed the approach which should be taken when a debtor opposes insolvency proceedings on the basis of a defence or claim which is subject to an arbitration clause (Re Simplicity & Vogue Retailing (HK) Co., Limited [2024] HKCA 299; Re

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Arbitration clause, Insolvency
    Authors:
    Jojo Fan , Kathryn Sanger , Trevor Ho , Martin Wallace , Siqi Huang
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    English court orders transfer of £100m property in part satisfaction of award debt
    2024-05-21

    In a long-running dispute arising out of a failure to supply gas, the English Commercial Court recently ordered that a prime London commercial property be transferred to the award creditor in part-satisfaction of a USD 2.6 billion arbitration award. In this article, we explore the case of Crescent Gas Corporation Ltd v National Iranian Oil Company & Anor [2024] EWHC 835 (Comm) and look at how the Insolvency Act was used to support enforcement of the award.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Gowling WLG
    Authors:
    Tom Price , Jason Freedman , Christopher Richards
    Location:
    United Kingdom
    Firm:
    Gowling WLG

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 3
    • Page 4
    • Page 5
    • Page 6
    • Current page 7
    • Page 8
    • Page 9
    • Page 10
    • Page 11
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days