10@12 Webinar: Arbitration of Company Law Disputes
4th April 2025 12:00
This webinar in the 10@12 Series will start at 12:00 on Friday 4 April. It will be presented by David Mabb KC.
Arbitration is probably most familiar in the context of commercial contracts. However, although companies are creatures of statute and operate within a formal statutory framework, many company law disputes are capable of being determined by arbitration.
This webinar will examine how far that goes, looking at some recent authorities, mostly in the Privy Council and the Court of Appeal. It should be of interest to lawyers who advise, litigate or arbitrate in company law.
10 points that will be covered :
Introduction
1. Why this subject?
2. Confidentiality and limited ability to appeal.
Basic structure
3. Arbitration agreements – Pro-arbitration and expansive interpretation: Sian Participation Corp (in liquidation) v Halimeda International Ltd [2024] UKPC 16 (‘Sian’)
4. Arbitration agreements in the company law field:-
4.1 in Share Sale Agreements
4.2 in Shareholders’ Agreements
4.3 in Articles of Association
5. Mandatory stay of legal proceedings in respect of a matter within the scope of the arbitration agreement, provided the dispute is arbitrable: Section 9 of the Arbitration Act 1996; discretionary stay
Five particular areas
6. Shareholder disputes under Section 994 of the Companies Act 2006 (unfair prejudice): Fulham Football Club (1987) Ltd v Richards [2011] EWCA Civ 855
7. Shareholder disputes under Section 122(1)(g) of the Insolvency Act 1986 (’the IA 1986’) (just and equitable winding up): Family Mart China Holding Co. Ltd v Ting Chuan (Cayman Islands) Holding Corporation [2023] UKPC 33
8. Restoration to the register of companies and supplemental directions: Bridgehouse (Bradford No. 2) Ltd v BAE Systems Plc [2020] EWCA Civ 759
9. Debts and mutual dealings in a winding up (Part 14 of the Insolvency (England and Wales) Rules 2016): Philpott and Orton v Lycee Francais Charles de Gaulle School [2015] EWHC 1065
10. Creditor’s winding up petition, under Section 122(1)(f) of the IA 1986: Sian
