Bookcover of Insolvency Proceedings and International Commercial Arbitration
Booktitle:

Insolvency Proceedings and International Commercial Arbitration

Arbitrability of insolvency related matters.Impact of insolvency proceedings on arbitration and enforcement of arbitral award.

VDM Verlag Dr. Müller (2011-09-07 )

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ISBN-13:

978-3-639-37931-0

ISBN-10:
3639379314
EAN:
9783639379310
Book language:
English
Blurb/Shorttext:
Insolvency proceedings and arbitration are absolutely distinct procedures.However, international commercial arbitration and insolvency do not coexist in isolation of one from another. Present paper is going to discuss the impact of insolvency proceedings on international commercial arbitration. In analyzing arbitrability of insolvency related issues, we may conclude that the fact that one of the parties is in insolvency proceedings does not in itself renders disputes as non-arbitrable. Only “core” or “pure” bankruptcy issues are excluded from the arbitration. The analysis of the case law provide that, insolvency proceedings are territorial in their nature and are limited to the state where insolvency proceedings are opened and therefore arbitral tribunal is not bound by the insolvency proceedings conducted in another state.The enforcement of the award rendered against party under insolvency proceedings may be refused in the state where insolvency proceedings are pending due to public policy reasons or non- arbitrability.
Publishing house:
VDM Verlag Dr. Müller
Website:
http://www.vdm-verlag.de
By (author) :
Anna Dreyzina
Number of pages:
40
Published at:
2011-09-07
Stock:
Available
Category:
Commercial law, Business law
Price:
49.00 €
Keywords:
Commercial arbitration

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