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27 June 2025
Issue: 8122 / Categories: Legal News , Arbitration , Insolvency , International
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NLJ this week: Arbitration clauses no shield in insolvency, says Privy Council

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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.

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
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