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.
Arvustused
The field of international arbitration in and of itself is a complex one, involving as it does different legal regimes, the application of which can yield different outcomes. Layered on top of the substantive law complexities are procedural issues and the brain-twisting questions associated with determining which issues are substantive and which are procedural, while some may be both. These complexities become all the more tangled where one of the parties is insolvent, and may have invoked bankruptcy protections in different jurisdictions. Bamforth and Gandhis book serves as a guide to untying the Gordian Knot that often presents itself when insolvent parties arbitrate. The chapters individually and collectively are well-organized and didactic. The individual authors experience as arbitrators and counsel in this complex area shines through and makes the book a deserving addition to any serious practitioners library. -- Arif Hyder Ali, Chair, International Arbitration and Public International Group
Contents1 Insolvency and Arbitration: A Collision of Two Worlds? 1Richard Bamforth and Kushal Gandhi2 Is Insolvency a Procedural or a Substantive Matter in Arbitration: Does it Matter? 12Manuel Penades3 Effect of Insolvency on the Arbitration Agreement 35Peter Ashford4 The Amenability of Insolvency Claims to Arbitration 59Andrew Ayres KC, Alexander Thompson and Fiona Whiteside5 Commencing Insolvency Proceedings on the Basis of an Arbitrable Debt 83Blair Leahy KC and Michal Hain6 Interim Measures in the Event of Insolvency 99Emily Saunderson7 Issues Arising from Party Insolvency during the course of Ongoing Arbitral Proceedings:International Perspectives 125Vesna Lazic8 The Impact of Foreign Insolvencies on England-Seated Arbitration 148Tony Beswetherick KC and Maria Kennedy9 The Impact of Insolvency Proceedings on Enforcement of Arbitration Awards 180Jeremy Mash and Tilman Niedermaier10 The Impact of Insolvency on English Statutory Adjudication 198Adrian Bell, Aidan Steensma and Emma Riddle
Edited by Richard Bamforth, Partner and Head of the International Arbitration Group and Kushal Gandhi, Partner, CMS Cameron McKenna Nabarro Olswang LLP, UK
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