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    Sian v Halimeda: UK Privy Council revisits the interplay between insolvency and arbitration
    2024-08-21

    What you need to know

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Ashurst, Arbitration Act 1996 (UK), UK Supreme Court
    Authors:
    Emma Johnson , Sylvia Tee , Amy Cable , Jenny Zhang
    Location:
    United Kingdom
    Firm:
    Ashurst
    HFW Disputes Digest 2023
    2024-01-08

    HFW DISPUTES DIGEST 2023

    Welcome to the second annual Disputes Digest, in which we collate our 2023 global HFW LITIGATION and International Arbitration publications in one place.

    This edition includes updates from across our Disputes arena, including England and Wales, BVI, AsiaPac, and the Middle East.

    Filed under:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Compliance Management, Derivatives, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, HFW, Know your customer, Blockchain, Employee Retirement Income Security Act 1974 (USA), Advertising, Climate change, Supply chain, Mediation, Fintech, Due diligence, Carbon neutrality, Cryptocurrency, ESG, Litigation funding, Anti-money laundering, Non-fungible tokens, Metaverse, Anti-bribery and corruption, Greenwashing, US Securities and Exchange Commission, Financial Conduct Authority (UK), Barclays, Consumer Financial Protection Bureau (USA), Google, European Council, Commodity Futures Trading Commission (USA), Competition and Markets Authority (UK), HSBC, Monetary Authority of Singapore, Bank of England, Singapore International Arbitration Centre, FTX, Silicon Valley Bank, Arbitration Act 1996 (UK), Federal Arbitration Act 1926 (USA), Financial Services and Markets Act 2000 (UK), UK Supreme Court
    Location:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    HFW
    Arbitration agreement does not prevent winding up petition
    2024-07-15

    The Privy Council has recently delivered a landmark judgment on the interplay between arbitration agreements and winding up petitions. The Board held that the English case of Salford Estates (No 2) Ltd v Altomart Ltd [2014] EWCA Civ 1575; Ch 589, which had adopted a pro-arbitration approach to stay or dismiss winding up petitions based on debts covered by arbitration agreements, even if the debts were not genuinely disputed on substantial grounds was wrongly decided.

    Filed under:
    Global, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Liquidation, Arbitration Act 1996 (UK)
    Authors:
    Kushal Gandhi , Richard Bamforth
    Location:
    Global, United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Sian Participation Corp (In Liquidation) (Appellant) v Halimeda International Ltd (Respondent) (British Virgin Islands)
    2024-07-25

    The recent Privy Council decision in Sian Participation Corp (In Liquidation) v Halimeda International Ltd[2024] (SPC) has overturned a principle of English law relating to the interaction between a contractual agreement to arbitrate and traditional insolvency measures where a debt is said to be disputed without substantial grounds.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Charles Russell Speechlys, Liquidation, Arbitration Act 1996 (UK)
    Authors:
    Gareth Mills , Nicola Jackson
    Location:
    United Kingdom
    Firm:
    Charles Russell Speechlys
    Legal update: Privy Council’s decision Sian Participation Corp v. Halimeda International Ltd - Are we back to square one?
    2024-06-26

    This note updates a series of Tanner De Witt articles on the interaction between dispute resolution clauses and the Court’s insolvency jurisdiction. The previous articles are:

    Filed under:
    Hong Kong, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Tanner De Witt, Insolvency, Arbitration Act 1996 (UK)
    Authors:
    Robin Darton , Tim Au
    Location:
    Hong Kong, United Kingdom
    Firm:
    Tanner De Witt
    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
    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
    HFW Disputes Digest 2022
    2023-01-04

    HFW DISPUTES DIGEST 2022 Welcome to our first annual digest, in which we collate our 2022 global HFW LITIGATION and International Arbitration publications in one place. This edition includes updates from the whole Disputes arena across England, AsiaPac, and the Middle East. HFW is one of the world’s largest and most active disputes practices, litigation is in our DNA. We have more than 350 specialist disputes lawyers in offices across the Americas, Europe, the Middle East, and AsiaPac.

    Filed under:
    Australia, European Union, Global, Hong Kong, United Kingdom, England, Arbitration & ADR, Insolvency & Restructuring, Litigation, Public, White Collar Crime, HFW, Bitcoin, Mediation, Cryptocurrency, Litigation funding, Personal data, Gaming, Anti-money laundering, Confidential information, Anti-bribery and corruption, Financial Conduct Authority (UK), Barclays, International Centre for Settlement of Investment Disputes, GDPR, Arbitration Act 1996 (UK), UK Supreme Court, London Court of International Arbitration
    Location:
    Australia, European Union, Global, Hong Kong, United Kingdom
    Firm:
    HFW
    Dispute Resolution round-up - October 2022
    2022-10-13

    Welcome to the eighth edition of our quarterly disputes newsletter, which covers key developments in the dispute resolution world over the last three months or so.

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Company & Commercial, Competition & Antitrust, Environment & Climate Change, Insolvency & Restructuring, Law Firm Management, Legal Practice, Litigation, Public, Travers Smith LLP, Corporate governance, Brexit, Blockchain, Mediation, Cryptocurrency, Force majeure, ESG, Non-fungible tokens, European Commission, Competition and Markets Authority (UK), House of Lords, HSBC, Pfizer, Arbitration Act 1996 (UK), Limitation Act 1980 (UK), Competition Act 1998 (UK), UK Supreme Court
    Authors:
    Rob Fell
    Location:
    European Union, United Kingdom
    Firm:
    Travers Smith LLP
    English High Court rules on law applicable to the effects of an EU insolvency proceeding on pending lawsuits
    2008-10-14

    In Elektrim SA (In Bankruptcy) v Vivendi Universal (& Ors) [2008] EWHC 2155 (Comm) the claimant and defendant companies had entered into an investment agreement governed by Polish law, which contained an arbitration clause providing for arbitration in London. It was common ground that unlike the rest of the investment agreement , the arbitration agreement was governed by English law. In 2003, Vivendi commenced arbitration proceedings in London which were still ongoing on 21 August 2007 when Elektrim was declared bankrupt by an order of the Warsaw court.

    Filed under:
    Poland, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Locke Lord LLP, Bankruptcy, Breach of contract, Arbitration clause, European Commission, Arbitration Act 1996 (UK), High Court of Justice (England & Wales), Arbitral tribunal
    Location:
    Poland, United Kingdom
    Firm:
    Locke Lord LLP

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