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Edward Elgar Publishing Limited

Arbitration and Insolvency. "Expert Analysis on Insolvency's Impact on Arbitration"

Arbitration and Insolvency. "Expert Analysis on Insolvency's Impact on Arbitration"

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Edited by: Richard Bamforth, Kushal Gandhi
ISBN13: 9781800887381
Published: May 2024
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback

The worlds of insolvency and international arbitration have an inherent collision course, coming as they do from very different perspectives. 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 capable of being arbitrated; issues arising from party insolvency during 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 arbitration; provides practical guidance on commencing insolvency proceedings for an arbitrable debt; analyses the impact of foreign insolvencies on England-seated arbitration and English statutory adjudication.

Contents: Insolvency and Arbitration: A Collision of Two Worlds?; Is Insolvency a Procedural or Substantive Matter?; Effect of Insolvency on the Arbitration Agreement; Amenability of Insolvency Claims to Arbitration; Interim Measures in the Event of Insolvency; Impact of Foreign Insolvencies on England-Seated Arbitration; Impact of Insolvency on Enforcement of Arbitration Awards; Impact on English Statutory Adjudication.

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Q&A

Who is this book for?
Insolvency and international arbitration practitioners dealing with the intersection of the two disciplines.

What legal frameworks does it examine?
The New York Convention 1958, the UK Insolvency Act 1986, and the Arbitration Act 1996, alongside cross-border insolvency scenarios.

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