https://www.taxtmi.com/caselaws?id=418374 An arbitration clause governed by Swiss law did not bar Section 9 insolvency proceedings because the insolvency regime has overriding effect once debt and default are shown, so referral to arbitration under Section 45 was not required. No pre-existing dispute was made out where correspondence, acknowledgements, part-payments, and requests for time evidenced admission of liability, and a later leakage email did not amount to a genuine dispute. A plea that the corporate debtor was solvent also failed because solvency does not defeat an application where default and the statutory requirements for initiation are otherwise established. en-us Mon, 14 Feb 2022 00:00:00 +0530 Wed, 16 Feb 2022 08:11:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=418374 An arbitration clause governed by Swiss law did not bar Section 9 insolvency proceedings because the insolvency regime has overriding effect once debt and default are shown, so referral to arbitration under Section 45 was not required. No pre-existing dispute was made out where correspondence, acknowledgements, part-payments, and requests for time evidenced admission of liability, and a later leakage email did not amount to a genuine dispute. A plea that the corporate debtor was solvent also failed because solvency does not defeat an application where default and the statutory requirements for initiation are otherwise established. Case-Laws Insolvency and Bankruptcy Mon, 14 Feb 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=418374