Arbitration vs Insolvency: Irish Courts Align with Sian Participation

Declan Keane of William Fry explains that the Irish High Court has aligned with the Privy Council’s decision in Sian Participation, confirming that arbitration clauses do not prevent winding-up petitions unless the debt is genuinely disputed on substantial grounds, bringing Irish law into step with the UK and wider international authority that prioritises insolvency regimes over arbitration as a delay tactic.

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