Arbitration in Insolvency

Abstract

The present article highlights the relationship between arbitration and insolvency proceedings. It examines from a comparative law perspective the questions of whether the arbitration agreement remains effective when the insolvency proceedings are opened, whether it binds the insolvency administrator, whether the latter can disengage from it under the rules on executory contracts, and which insolvency-related disputes are covered by it. In particular, it is discussed whether avoidance actions are arbitrable and whether the insolvency practitioner can conclude an arbitration agreement with the opposing party.