Insolvency proceedings and commercial arbitration
Author(s)
Bibliographic Information
Insolvency proceedings and commercial arbitration
（International arbitration law library）
Kluwer Law International, c1998
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Note
At head of title: T.M.C. Asser Instituut
Includes bibliographical references (p. 349-359) and index
Description and Table of Contents
Description
Addressing the link between commercial arbitration and other fields of law, 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, the nature and character of both types of proceedings are assessed, and the applicable terminology is explained. The 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 aspects in the contexts of both domestic and international arbitration, including arbitration-agreement validity, arbitrability, public policy, the presentation of parties, and due process.
Throughout the work, introductions and conclusions serve as overviews of particular components of the study, and set out the observations drawn. An overall summary and conclusion section crystallizes the points made.
Table of Contents
I. Some Effects of Insolvency Proceedings and their Importance in International Commercial Arbitration -- A Comparative View. II. National Courts and Arbitration. III. Conclusion of Arbitration Agreements in Insolvency Proceedings. IV. Subject-Matter Arbitrability. V. Effectiveness of Arbitration Agreements in Insolvency Proceedings. VI. Arbitration and Claims of Ordinary Bankruptcy Creditors. VII. The Effects of Insolvency Proceedings on the Conduct of Arbitration and the Arbitral Award. Summary and Conclusion.
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