Arbitration and Insolvency

Author: Richard Bamforth; Kushal Gandhi
Publisher: Edward Elgar Publishing
ISBN: 9781800887381
Published In: May 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

Insolvency and Arbitration: A Collision of Two Worlds? 1

Richard Bamforth and Kushal Gandhi

Is Insolvency a Procedural or a Substantive Matter in Arbitration: Does it Matter? 12

Manuel Penades

Effect of Insolvency on the Arbitration Agreement 35

Peter Ashford

The Amenability of Insolvency Claims to Arbitration 59

Andrew Ayres KC, Alexander Thompson and Fiona Whiteside

Commencing Insolvency Proceedings on the Basis of an Arbitrable Debt 83

Blair Leahy KC and Michal Hain

Interim Measures in the Event of Insolvency 99

Emily Saunderson