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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

mfg Solicitors—Deborah Bufton

mfg Solicitors—Deborah Bufton

Law firm boosts residential property team with new associate appointment

Flint Bishop—Russell Bainbridge

Flint Bishop—Russell Bainbridge

Flint Bishop lands corporate partner from Knights amid Sheffield growth drive

Bird & Bird—Huw Edwards

Bird & Bird—Huw Edwards

Bird Bird appoints expert tech patent litigator as new partner in London

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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