Practical Law

A recent judgment handed down by Sir Geoffrey Vos, Chancellor of the High Court, considered the approach the court should take when a winding up petition is presented with regard to a debt that is not admitted and where the debt is subject to an arbitration agreement.

Where the impact of restructuring and insolvency on arbitration is concerned, we have identified three distinct stages: Arbitrations commencing after an insolvency process (post insolvency). Insolvency processes occurring prior to an award but after the arbitration proceedings have commenced or where an arbitration and insolvency process run in tandem (mid-arbitration). Arbitrations which have commenced prior … Continue reading Impact of restructuring and insolvency on arbitration (Part 2) →

Increasing global pressures on businesses have and will for the foreseeable future lead to an increase in corporate restructurings, as businesses attempt to weather the current economic and commercial storm. With corporations relying increasingly on arbitration to resolve their disputes, particularly those engaging in cross-border trade, it is only a matter of time before parties … Continue reading Impact of restructuring and insolvency on arbitration (Part 1) →