Edition 4559: LawNewsIndex is a UK based daily legal news archive on Law, Lawyers, Law Firms, Justice, Jurisprudence, Legislation, Litigation, Legal Ethics & Human Rights since 2011.
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Today's Highlighted Video Story: Sian Participation Corp (In Liquidation) (Appellant) v Halimeda International Ltd (Respondent) - Background to the Appeal: This appeal concerns the test to be applied by courts in the British Virgin Islands (the “BVI”) when exercising their discretion to dismiss or stay insolvency proceedings in circumstances where the parties have agreed to resolve their disputes by arbitration. In December 2012, the respondent advanced a loan of USD 140m to the appellant (the
“Loan”). The agreement governing the Loan (the “Facility Agreement”) included a clause
providing that “any claim, dispute or difference of whatever nature arising under, out of or in
connection with” the Facility Agreement would be referred to arbitration (the “Arbitration
Agreement”)
“Loan”). The agreement governing the Loan (the “Facility Agreement”) included a clause
providing that “any claim, dispute or difference of whatever nature arising under, out of or in
connection with” the Facility Agreement would be referred to arbitration (the “Arbitration
Agreement”)
A
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