Arbitration and Insolvency


Arbitration and Insolvency

9781800887381 Edward Elgar Publishing
Edited by Richard Bamforth, Partner and Head of the International Arbitration Group and Kushal Gandhi, Partner, CMS Cameron McKenna Nabarro Olswang LLP, UK
Publication Date: 2024 ISBN: 978 1 80088 738 1 Extent: 268 pp
In light of the increasing number of challenges facing the business world, this critical book explores the inherent collision course between insolvency and international arbitration. 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; and how insolvency impacts on enforcement of arbitral awards.

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Critical Acclaim
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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.
Critical Acclaim
‘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 Gandhi’s 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 practitioner’s library.’
– Arif Hyder Ali, Chair, International Arbitration and Public International Group
Contributors include: Peter Ashford, Andrew Ayers, Richard Bamforth, Adrian Bell, Tony Beswetherick, Kushal Gandhi, Michal Hain, Maria Kennedy, Vesna Lazić, Blair Leahy, Jeremy Mash, Tilman Niedermaier, Manuel Penades, Emma Riddle, Emily Saunderson, Aidan Steensma, Alexander Thompson, Fiona Whiteside

1 Insolvency and Arbitration: A Collision of Two Worlds? 1
Richard Bamforth and Kushal Gandhi
2 Is Insolvency a Procedural or a Substantive Matter in Arbitration: Does it Matter? 12
Manuel Penades
3 Effect of Insolvency on the Arbitration Agreement 35
Peter Ashford
4 The Amenability of Insolvency Claims to Arbitration 59
Andrew Ayres KC, Alexander Thompson and Fiona Whiteside
5 Commencing Insolvency Proceedings on the Basis of an Arbitrable Debt 83
Blair Leahy KC and Michal Hain
6 Interim Measures in the Event of Insolvency 99
Emily Saunderson
7 Issues Arising from Party Insolvency during the course of Ongoing Arbitral Proceedings:
International Perspectives 125
Vesna Lazić
8 The Impact of Foreign Insolvencies on England-Seated Arbitration 148
Tony Beswetherick KC and Maria Kennedy
9 The Impact of Insolvency Proceedings on Enforcement of Arbitration Awards 180
Jeremy Mash and Tilman Niedermaier
10 The Impact of Insolvency on English Statutory Adjudication 198
Adrian Bell, Aidan Steensma and Emma Riddle
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