Arbitration Notes

Privy Council changes English law on the intersection of insolvency and arbitration

In Sian Participation Corporation (In Liquidation) v Halimeda International Ltd [2024] UKPC 16, the Privy Council considered an appeal from the Court of …

Hong Kong Court of Appeal clarifies effect of arbitration clauses on insolvency proceedings

In highly-anticipated twin rulings, the Hong Kong Court of Appeal has confirmed the approach which should be taken when a debtor opposes insolvency …

ARBITRATION OF INSOLVENCY DISPUTES: THE VIEW FROM THE AUSTRALIAN COURTS

Two recent judgments from different Australian courts have considered circumstances in which insolvency disputes can (or cannot) be arbitrated in …

ENGLISH HIGH COURT GRANTS AN ANTI-SUIT INJUNCTION IN FAVOUR OF ARBITRATION IN RESPECT OF PROCEEDINGS UNDER FOREIGN INSOLVENCY LEGISLATION

MALAYSIA: HIGH COURT FINDS THAT ARBITRAL TRIBUNAL HAS JURISDICTION TO DETERMINE INSOLVENCY SET-OFF

STUCK IN THE MIDDLE? SINGAPORE COURT WARNS PARTIES IN A CHAIN FROM TAKING INCONSISTENT POSITIONS IN EITHER DIRECTION, BUT BLOCKS WINDING-UP PROCEEDINGS IN FAVOUR OF ARBITRATION

A MATTER OF TRUST: AUSTRALIAN COURT ENFORCES INTERIM MEASURES TO SECURE THE AMOUNT IN DISPUTE

SINGAPORE COURT OF APPEAL INTRODUCES A LOWER STANDARD OF REVIEW FOR DEBTORS DEFENDING A DISPUTED DEBT THAT IS SUBJECT TO AN ARBITRATION AGREEMENT

No If, No But – Will an arbitration agreement always trump a winding-up petition?

In But Ka Chon v Interactive Brokers LLC [2019] HKCA 873, the Hong Kong Court of Appeal dismissed an appeal to set aside a statutory demand arising out …