Kluwer: Sian v Halimeda: Privy Council Revisits Intersection Between Insolvency and Arbitration

Published on August 1, 2024

By Erica Li (WilmerHale)

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...