Not so fast: Disputed debts and arbitration clauses as a shield against insolvency proceedings

The decision in Kwale International Sugar Company Limited v Epco Builders Limited and Two Others [2025] KECA 227 (KLR) reinforces the principle that insolvency proceedings must be reserved for clear cases of inability to pay and cannot be used as leverage in unsettled construction disputes. It also clarifies the boundaries between private dispute resolution mechanisms and…

Why an Ed-Tech Behemoth Unraveled

Anthology lost nearly $80 million over the past two years, according to court filings. Photo illustration by Justin Morrison/Inside Higher Ed | DenisKot/iStock/Getty Images After years of chasing growth through mergers and acquisitions, the education-technology behemoth Anthology Inc. has more than $1 billion in debt and declared Chapter 11 bankruptcy last week. The breakup of this big company…