Clifford Chance
Court finds arbitration legislation trumps insolvency rules
5 October 2015
The recent High Court decision in Philpott v Lycée Français Charles de Gaulle School ([2015] EWHC 1065 (Ch)) explores the interaction between arbitration and insolvency procedures.
If a claim is brought against an insolvent party, questions may arise over whether the dispute, or parts of it, should be determined by the insolvency practitioner, an arbitral tribunal or the court. The decision in Philpott answers these questions in the context of a claim against a company in voluntary liquidation that was party to an arbitration agreement.
