Introduction
The Privy Council has considered an appeal from the Court of Appeal of the Eastern Caribbean Supreme
Court, originating from the courts of the British Virgin Islands (BVI), and delivered a landmark
judgment in Sian Participation Corporation (In Liquidation) v Halimeda International Ltd [2024] UKPC
16. This decision engages the competing public policy considerations of (a) ensuring insolvency
proceedings can progress without undue delay; and (b) upholding parties’ agreement to arbitrate
disputes.
The Privy Council has decided that a debt must be the subject of a genuine dispute on substantial
grounds for the court to stay or dismiss a creditor’s winding up petition in favor of arbitration. It is not
enough…
