Arbitration and Insolvency / Richard Bamforth and Kushal Gandhi, editors.

Format:

Book

Contributor:

Bamforth, Richard, editor.

Gandhi, Kushal, editor.

Edward Elgar Publishing, publisher.

Series:

Elgar Arbitration Law and Practice Series

Language:

English

Subjects (All):

International commercial arbitration.

Bankruptcy.

Arbitration agreements, Commercial.

Physical Description:

1 online resource (268 pages)

Edition:

First edition.

Place of Publication:

Cheltenham, England : Edward Elgar Publishing Limited, [2024]

Summary:

"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"-- Provided by publisher.

Contents:

Front Matter

Copyright

Contents

Extended contents

Contributors

Table of cases

Table of legislation

1 Insolvency and Arbitration: A Collision of Two Worlds?

2 Is Insolvency a Procedural or a Substantive Matter in Arbitration: Does It Matter?

3 Effect of Insolvency on the Arbitration Agreement

4 The Amenability of Insolvency Claims to Arbitration

5 Commencing Insolvency Proceedings on the Basis of an Arbitrable Debt

6 Interim Measures in the Event of Insolvency

7 Issues Arising from Party Insolvency during the Course of Ongoing Arbitral Proceedings: International Perspectives

8 The Impact of Foreign Insolvencies on England-Seated Arbitration

9 The Impact of Insolvency Proceedings on Enforcement of Arbitration Awards

10 The Impact of Insolvency on English Statutory Adjudication

Index.

Notes:

Includes index.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Other Format:

Print version: Bamforth, Richard Arbitration and Insolvency

ISBN:

9781800887398