International arbitration and cross-border insolvency

This book provides an in-depth analysis of applicable rules and policies under
the current legal framework and case law of national courts and arbitral
tribunals, emphasizing developments in five countries where high levels of
international arbitration occur: England, the United States, France, Germany
and Switzerland. Among the complex issues that arise when an insolvency
disrupts an arbitration, the author examines the following:

• recognition of insolvencies by arbitral tribunals;
  

• determination of the law applicable to the effects of an insolvency on
  arbitration;
  

• effects of an insolvency on validity and scope of an arbitration agreement;
  

• effects of an insolvency on capacity of the parties to an international
  arbitration;
  

• suspension of arbitral proceedings due to an insolvency; and
  

• effects of an insolvency on the recognition and enforcement of arbitral awards.
  

In addition to providing a comparative legal analysis of issues that arise in
connection with the collision of international arbitration and cross-border
insolvency, the author sets out proposals to clarify policy and procedure.
Dealing with cross-border insolvency law issues in international arbitration
presents an enormous challenge for arbitration practitioners, arbitral
tribunals and national courts. This book will serve as a source of inspiration
as well as a reference and provide a clearly marked path to an effective
synthesis in this complex field.