The worlds of insolvency and international arbitration have an inherent collision course, coming as they do from very different perspectives. But as the business world faces an increasing number of challenges, we are having to look far more closely at how the two co-exist and work together. Richard Bamforth and Kushal Gandhi lead a team of experts from across the two disciplines to consider the effect of insolvency on arbitration agreements; the developing legal theories on the types of matters which are capable of being arbitrated; the issues arising from party insolvency during the course of ongoing arbitral proceedings; and how insolvency affects a person’s ability to enforce their arbitral award.
Key Features:
- Examines international perspectives on insolvency proceedings
- Investigates the New York Convention 1958, the Insolvency Act 1986 and the Arbitration Act 1996
- Assesses whether insolvency is a procedural or substantive matter for the purposes of arbitration
- Provides practical guidance on the commencement of insolvency proceedings for an arbitrable debt
- Analyses the impact of foreign insolvencies on England-seated arbitration and English statutory adjudication
Insolvency and arbitration lawyers will find this book to be a fundamental resource. It will also be beneficial for scholars of arbitration and dispute resolution, company and insolvency law, corporate law, and litigation.
