The decision confirms that an arbitration agreement will be upheld in the face of insolvency proceedings only if it can be shown that the petition debt is genuinely disputed on substantial grounds.

By Martin Davies, Dominic Geiser, and Oliver Middleton

The Privy Council’s decision in Sian Participation Corp (in liq) v. Halimeda International Ltd [2024] UKPC 16 (Sian Participation) is the latest in a series of judgments clarifying the common law position on whether the court can…