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Liquidation applications and arbitration agreements: Sian v Halimeda test increasingly followed in common law jurisdictions

A recent article by Tessa-Jade Heise and Arran Dowling-Hussey highlights the growing adoption of Sian v Halimeda across common law jurisdictions.

The position is now clear: the existence of an arbitration clause will not prevent a winding-up petition. The key question is whether there is a genuine dispute on substantial grounds.

In San Leon Energy v Brightwaters Energy [2026], the Irish High Court followed Sian, confirming that:

  • Winding-up petitions do not determine the underlying debt

  • Arbitration clauses do not justify restraining insolvency proceedings

  • Tactical reliance on arbitration to delay creditor action will fail

To read the full article, please click the link provided here.

At 4-5 Gray’s Inn Square, members of our Arbitration Group continue to advise and represent clients across a wide range of domestic and international disputes, including construction, insurance, and commercial matters.

For enquiries, please contact Clerks at [email protected]

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    Tessa-Jade Heise
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    Arran Dowling-Hussey

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