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Insolvency Proceedings and Commercial Arbitration : International Arbitration Law Library Series - Vesna Lazic

Insolvency Proceedings and Commercial Arbitration

International Arbitration Law Library Series


Published: November 1998
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Legal writing has often explored the link between arbitration and other fields of law. But the interaction between arbitration and insolvency has received little attention. This study examines this interaction through the applicable laws and provisions in England, France, Germany, the Netherlands, and the United States.As a component in the identification and scrutiny of the relationship between insolvency proceedings and commercial arbitration, this book assesses the nature and character of both types of proceedings and clarifies the applicable terminology. Questions probed include:Whether the commencement of insolvency proceedings may influence other legal proceedings; What importance the provisions of insolvency may have for commercial arbitration, as seen from the point of view of national courts exercising their support and supervisory roles in arbitration; and To what extent the solutions in the legal systems covered converge or differ and why. The author examines a wide range of specific facets of the topic, in the contexts of both domestic and international arbitration, including arbitration agreement validity, arbitrability, public policy, the presentation of parties, and due process.

Some Effects of Insolvency Proceedings and their Importance in Arbitration - A Comparative Viewp. 1
Insolvency and Arbitration - Introductory Remarksp. 1
Commercial Arbitrationp. 3
Insolvency Lawp. 11
Points of Interaction between Arbitration and Insolvencyp. 35
National Courts and Arbitrationp. 47
Introductionp. 47
Stay of Court Proceedings and Referral to Arbitration ('Indirect Enforcement' of Arbitration Agreements)p. 49
Supervisory Role of National Courts in the Post-Arbitral Phasep. 73
Conclusion of Arbitration Agreements in Insolvency Proceedingsp. 107
Introductionp. 107
Capacity of the Party and Validity of the Arbitration Agreementp. 108
Conclusionsp. 134
Subject-Matter Arbitrabilityp. 133
Arbitrability in International Treaties and Municipal Lawsp. 135
Arbitrability of matters in insolvency proceedingsp. 154
Conclusionsp. 175
Effectiveness of Arbitration Agreements in Insolvency Proceedingsp. 179
Introductionp. 179
Insolvency Proceedings and Enforcement of Arbitration Agreementsp. 181
Enforcement of Arbitration Agreements in Bankruptcy Proceedings in the United Statesp. 205
Conclusionsp. 231
Arbitration and Claims of Ordinary Bankrupty Creditorsp. 235
Introductory Remarksp. 235
Individual Actions of Bankruptcy Creditorsp. 236
Stay of Individual Action of Creditors and Arbitrationp. 247
Effect of Arbitration Agreements as to the Claims Contested in Bankruptcy Proceedingsp. 264
Conclusionsp. 275
The Effects of Insolvency Proceedings on the Conduct of Arbitration and the Arbitral Awardp. 277
Introductionp. 277
Public Policy as Ground for Challenge and for Refusal of Recognition and Enforcementp. 278
Insolvency Proceedings and the Conduct of Arbitrationp. 283
Influence of Insolvency Proceedings on Arbitral Awardsp. 305
Conclusionsp. 316
Summary and Conclusionp. 319
Samenvatting en Conclusiep. 333
Bibliographyp. 349
Table of Casesp. 361
Indexp. 371
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9789041111159
ISBN-10: 9041111158
Series: International Arbitration Law Library Series
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 394
Published: November 1998
Publisher: Kluwer Law International
Country of Publication: NL
Dimensions (cm): 23.0 x 15.88  x 2.54
Weight (kg): 0.73