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Resolving Unresolved Relationship Problems the Case of Cross Border Insolvency and Pending Arbitrations

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  • Chuah Jason

    (*Professor of Commercial and Maritime Law and Head of Academic Law, City Law School, City University London, United Kingdom.)

Abstract

The relationship between arbitration and insolvency in a cross border context is fraught with difficulties which can blight transnational insolvency practice. This article is concerned with the judicial constructs applied (in the EU, civil law and common law traditions) to resolve the conflict between a pending arbitration in one country and forthcoming insolvency proceedings in another. Should the arbitration be allowed to continue and what law should be used to determine the issue? In the EU, it might be said that the question is largely determined by the EU Insolvency Regulation. A comparative law and teleological discussion would highlight the different imperatives adopted in the different judicial approaches to the problem.

Suggested Citation

  • Chuah Jason, 2011. "Resolving Unresolved Relationship Problems the Case of Cross Border Insolvency and Pending Arbitrations," European Company and Financial Law Review, De Gruyter, vol. 8(4), pages 423-444, January.
    • Handle: RePEc:bpj:eucflr:v:8:y:2011:i:4:p:423-444:n:1
    DOI: 10.1515/ECFR.2011.423
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