International Arbitration and Cross-border Insolvency

In the wake of the recent economic downturn, an increasing number of parties to international arbitrations have become subject to insolvency proceedings. The consequences of such intersection of international arbitration and cross-border insolvency are unclear. Transnational inconsistencies and difficulties continue to emerge, and in many ways the debate regarding how to deal with cross-border insolvency questions in arbitration is just beginning.

This book provides an in-depth analysis of applicable rules and policies under the current legal framework and case law of national courts and arbitral tribunals, emphasizing developments in five countries where high levels of international arbitration occur: England, the United States, France, Germany and Switzerland. Among the complex issues that arise when an insolvency disrupts an arbitration, the author examines the following:
- recognition of insolvencies by arbitral tribunals;
- determination of the law applicable to the effects of an insolvency on arbitration;
- effects of an insolvency on validity and scope of an arbitration agreement;
- effects of an insolvency on capacity of the parties to an international arbitration;
- suspension of arbitral proceedings due to an insolvency; and
- effects of an insolvency on the recognition and enforcement of arbitral awards.

In addition to providing a comparative legal analysis of issues that arise in connection with the collision of international arbitration and cross-border insolvency, the author sets out proposals to clarify policy and procedure. Dealing with cross-border insolvency law issues in international arbitration presents an enormous challenge for arbitration practitioners, arbitral tribunals and national courts. This book will serve as a source of inspiration as well as a reference and provide a clearly marked path to an effective synthesis in this complex field.