Authors: Vesna Lazic
ISBN-13: 9789041111159, ISBN-10: 9041111158
Format: Hardcover
Publisher: Aspen Publishers, Inc.
Date Published: November 1998
Edition: (Non-applicable)
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.
Ch. I | Some Effects of Insolvency Proceedings and their Importance in Arbitration - A Comparative View | 1 |
1 | Insolvency and Arbitration - Introductory Remarks | 1 |
2 | Commercial Arbitration | 3 |
3 | Insolvency Law | 11 |
4 | Points of Interaction between Arbitration and Insolvency | 35 |
Ch. II | National Courts and Arbitration | 47 |
1 | Introduction | 47 |
2 | Stay of Court Proceedings and Referral to Arbitration ('Indirect Enforcement' of Arbitration Agreements) | 49 |
3 | Supervisory Role of National Courts in the Post-Arbitral Phase | 73 |
Ch. III | Conclusion of Arbitration Agreements in Insolvency Proceedings | 107 |
1 | Introduction | 107 |
2 | Capacity of the Party and Validity of the Arbitration Agreement | 108 |
3 | Conclusions | 134 |
Ch. IV | Subject-Matter Arbitrability | 133 |
1 | Arbitrability in International Treaties and Municipal Laws | 135 |
2 | Arbitrability of matters in insolvency proceedings | 154 |
3 | Conclusions | 175 |
Ch. V | Effectiveness of Arbitration Agreements in Insolvency Proceedings | 179 |
1 | Introduction | 179 |
2 | Insolvency Proceedings and Enforcement of Arbitration Agreements | 181 |
3 | Enforcement of Arbitration Agreements in Bankruptcy Proceedings in the United States | 205 |
4 | Conclusions | 231 |
Ch. VI | Arbitration and Claims of Ordinary Bankrupty Creditors | 235 |
1 | Introductory Remarks | 235 |
2 | Individual Actions of Bankruptcy Creditors | 236 |
3 | Stay of Individual Action of Creditors and Arbitration | 247 |
4 | Effect of Arbitration Agreements as to the Claims Contested in Bankruptcy Proceedings | 264 |
5 | Conclusions | 275 |
Ch. VII | The Effects of Insolvency Proceedings on the Conduct of Arbitration and the Arbitral Award | 277 |
1 | Introduction | 277 |
2 | Public Policy as Ground for Challenge and for Refusal of Recognition and Enforcement | 278 |
3 | Insolvency Proceedings and the Conduct of Arbitration | 283 |
4 | Influence of Insolvency Proceedings on Arbitral Awards | 305 |
5 | Conclusions | 316 |
Summary and Conclusion | 319 | |
Samenvatting en Conclusie | 333 | |
Bibliography | 349 | |
Table of Cases | 361 | |
Index | 371 |