Winding Up Petitions and Arbitration Agreements – Sian Participation – 33 Bedford Row
‘Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] UKPC 16 (“Sian”) has, in part, overruled, Salford Estates (No.2) Ltd v Altomart Ltd [2014] EWCA Civ 1575; [2015] BCC 306 (“Salford Estates”). The part overruled is in respect to section 122(1) of the Insolvency Act 1986 and whether the Companies Court can, on a creditors winding up petition, determine whether or not the petition debt is genuinely disputed on substantial grounds. Salford Estates was not overruled in respect to whether section 9 of the Arbitration Act 1996 applies to creditors winding up petitions.’
33 Bedford Row, 1st August 2024
Source: www.33bedfordrow.co.uk
