Arbitration Law Monthly

In an important decision of the Privy Council, Sian Participation Corp v Halimeda International Ltd [2024] UKPC 16; [2024] 2 Lloyd's Rep 65, it has been ruled that the previous practice of the Companies Court in staying a petition for winding up where there is an arbitration clause in the contract between the petitioner and the alleged debtor is incorrect where there is no genuine defence to the claim on which the petition is based.

The decision of the Supreme Court in Sharp Corp Ltd v Viterra BV (previously known as Glencore Agriculture BV) [2024] UKSC 14; [2024] 1 Lloyd's Rep 568 was concerned primarily with the proper construction of a damages clause in a charterparty. However important questions were raised concerning the operation of section 69 of the Arbitration Act 1996.

In Lord and Others v Kinsella and Others [2023] EWHC 2748(Ch); [2023] 2 Lloyd's Rep 677 the question before MilesJ was whether time for the bringing of an appeal should be extended. That in turn raised issues as to the date on which the award was made and also the strength of the claimants' allegations of serious irregularity and error of law.