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Commercial Contracts Insolvency

Latham & Watkins LLP

Arbitration or Winding-Up? Privy Council Decision in Sian Participation Corp v. Halimeda Overrules Traditional English Approach

Latham & Watkins LLP on

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....more

Conyers

Successfully Secures Dismissal of Application to Set Aside a Statutory Demand in the British Virgin Islands

Conyers on

On 8 February 2024, the Honourable Mr Justice Paul Webster KC dismissed an application to set aside a statutory demand served on Angola Group Holdings Limited (the “Company”) by Bai Jun Tian Cheng Limited (“Bai Jun”). Conyers...more

Nutter McClennen & Fish LLP

Silicon Valley Bank (SVB) Failure: What Does This Mean for SVB Customers?

What happened to SVB? On Friday, March 10, 2023, before 9:00 a.m., Pacific Time, SVB’s chartering authority, the California Department of Financial Protection and Innovation (DFPI), announced that the DFPI had taken control...more

Stikeman Elliott LLP

Arbitration Agreements May Be “Inoperative” In Face of Insolvency Proceedings, Supreme Court of Canada Holds

Stikeman Elliott LLP on

On November 10, 2022, the Supreme Court of Canada (the "SCC") released its long-awaited decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 (“Peace River”), which addresses the interaction between insolvency...more

Hogan Lovells

Contracts and Insolvency – a transformational change

Hogan Lovells on

New statutory provisions retrospectively change the way many existing and future contracts work. Businesses urgently need to look afresh not just at supply arrangements but also many other significant transactions of which...more

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