Greg Falkof and Radford Goodman, Partners at Mishcon de Reya, have authored a piece for Global Arbitration Review on a Privy Council decision regarding the impact that arbitration agreements have on English winding-up petitions.
In Sian Participation Corp (In Liquidation) v Halimeda International Ltd, the Privy Council clarified that the existence of an arbitration agreement will no longer automatically lead to a stay of a winding-up petitions unless the court is first satisfied that the debt is subject to a genuine and substantial dispute.
Read in full.