Insolvency Proceedings and Commercial Arbitration

Legal writing has often explored the link between arbitration and other fields of law. But the interaction between arbitration and insolvency has received little attention. This study examines this interaction through the applicable laws and provisions in England, France, Germany, the Netherlands, and the United States.

As a component in the identification and scrutiny of the relationship between insolvency proceedings and commercial arbitration, this book assesses the nature and character of both types of proceedings and clarifies the applicable terminology. Questions probed include:

• • Whether the commencement of insolvency proceedings may influence other legal proceedings;
• • What importance the provisions of insolvency may have for commercial arbitration, as seen from the point of view of national courts exercising their support and supervisory roles in arbitration; and
• • To what extent the solutions in the legal systems covered converge or differ and why.

The author examines a wide range of specific facets of the topic, in the contexts of both domestic and international arbitration, including arbitration agreement validity, arbitrability, public policy, the presentation of parties, and due process.