Insolvency in Commercial Arbitration

Insolvency in Commercial Arbitration is a book aiming to extensively investigate the many legal, and increasingly frequent, issues arising in arbitral proceedings when insolvency and arbitration clash and provide both practical and theoretical guidance. The settling of disputes in international trade and large and technically complex construction projects cannot be imagined without arbitration. We can be sure that insolvency will also remain a part of the lifecycle of business entities within the current economic system. Whereas insolvency proceedings are heavily regulated with little leeway for the parties, the central tenet of arbitration is the autonomy of the parties.

What’s in this book:

Providing vital pragmatic guidance derived from a broad and deep theoretical discussion, the book covers the following aspects:

• the effect of insolvency on the arbitration agreement, the arbitration procedure (including a potential mandatory stay of proceedings), the arbitrator’s contract, and the arbitral award;
• the position of insolvency and arbitration within a legal order;
• the arbitrability of insolvency(-related) issues and claims;
• the possibility of determining claims in insolvency via arbitration;
• the determining of applicable law and conflict-of-laws rules, in particular when insolvency is opened in a different jurisdiction than that of the arbitration; and
• insolvency in arbitration within the application of the European Insolvency Regulation.

After a chapter on the relevant background theories, the two main chapters of the book focus first on general issues that can arise in a domestic situation and second on problems particular to international cases of insolvency in arbitration. The primary domestic perspective is the German one, with abundant additional detail to fully embrace the international relevance of the discussion. The book concludes with several considerations, informed by practitioner feedback, discussions throughout the work, and as many arbitration case law examples as possible, for tribunals dealing with insolvency in arbitration.

How this will help you:

Predicated on a systematic application of arbitral and insolvency theory, the book furnishes an all-encompassing and holistic discussion, from before an arbitration is started to after the award has been enforced. In this way, the book offers a ‘one-stop-shop’ for practitioners, both lawyers and arbitrators, aiding tribunals to navigate the treacherous waters of insolvency in arbitration.