The insolvency of a party in arbitral proceedings is certain to get the tribunal into uncharted waters. Because insolvency proceedings can undermine the integrity of the arbitral process, tribunals tend to resist deferring to the insolvency court, unless so required by mandatory rules or if the enforceability of the award hinges thereon. In this Insight, we draw from our experience in recent international cases and address key issues that fall to be considered by arbitral tribunals and parties alike when international arbitration and insolvency cross paths.
International Arbitration and Insolvency: A Redux
