CEU Electronic Theses and Dissertations, 2009
| Author | Dreyzina, Anna Viktorovna |
|---|---|
| Title | Insolvency proceedings and international commercial arbitration |
| Summary | Insolvency proceedings and arbitration are absolutely distinct procedures, having different purposes. 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. However arbitral tribunal has a duty to render and enforceable award and therefore should carefully examine the mandatory provisions of the state where insolvency proceedings are pending.. 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. It will be also relevant to examine the possible impact that UNCITRAL Model law on cross-border insolvency can have on the whole procedure of enforcement of the arbitral award in other states where insolvency proceedings are not pending. |
| Supervisor | International Business Law |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2009/dreyzina_anna.pdf |
Visit the CEU Library.
© 2007-2021, Central European University