Joint Session

Arbitration and Insolvency - Reconciling Private versus Collective Interests

Joint Committee Session by:

  • Dispute Resolution and Arbitration Committee
  • Insolvency Committee

 

Session Synopsis:

Arbitration is inherently a private process. Insolvency regimes are collective processes – a keystone of which is collective and proportional distribution of the insolvent estate in the public interest. What happens when insolvency intervenes after arbitration has been agreed or started? What aspects of the insolvency process can be arbitrated and where does arbitral party-autonomy find its limits? How does national and cross-border insolvency impact arbitration, in particular in the international context, and are there regimes that address the conflict? Is the arbitrator’s mandate to arbitrate revoked or limited by an intervening insolvency? Is the capacity to arbitrate impacted?

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