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NLJ this week: Arbitration clauses no shield in insolvency, says Privy Council

27 June 2025
Issue: 8122 / Categories: Legal News , Arbitration , Insolvency , International
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Ready for a round-the-world adventure? Writing in NLJ this week, Hannah Jones, legal director at Rosenblatt, and Sajid Suleman, barrister at No5 Chambers, examine how courts across five common law jurisdictions balance arbitration agreements with insolvency law

The Privy Council’s decision in Sian v Halimeda reaffirms that in England and the British Virgin Islands, arbitration clauses won’t block winding-up petitions unless the debt is genuinely disputed. The Cayman Islands follow suit. Hong Kong adopts a more nuanced, multi-factor approach, while Singapore remains staunchly pro-arbitration, requiring petitions to be stayed unless the defence is plainly abusive.

The authors argue that these divergent approaches reflect differing priorities: creditor protection versus respect for arbitration. The article urges practitioners to stay alert to jurisdictional nuances, especially as legislative reforms loom in Hong Kong.

The takeaway? Arbitration clauses are not a universal shield—creditors may still petition for insolvency where debts are clear and undisputed.

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