Arbitration and Insolvency

Edited by Richard Bamforth, Partner and Head of the International Arbitration Group and Kushal Gandhi, Partner, CMS Cameron McKenna Nabarro Olswang LLP, UK

• Contents1 Insolvency and Arbitration: A Collision of Two Worlds? 1Richard Bamforth and Kushal Gandhi2 Is Insolvency a Procedural or a Substantive Matter in Arbitration: Does it Matter? 12Manuel Penades3 Effect of Insolvency on the Arbitration Agreement 35Peter Ashford4 The Amenability of Insolvency Claims to Arbitration 59Andrew Ayres KC, Alexander Thompson and Fiona Whiteside5 Commencing Insolvency Proceedings on the Basis of an Arbitrable Debt 83Blair Leahy KC and Michal Hain6 Interim Measures in the Event of Insolvency 99Emily Saunderson7 Issues Arising from Party Insolvency during the course of Ongoing Arbitral Proceedings:International Perspectives 125Vesna Lazić8 The Impact of Foreign Insolvencies on England-Seated Arbitration 148Tony Beswetherick KC and Maria Kennedy9 The Impact of Insolvency Proceedings on Enforcement of Arbitration Awards 180Jeremy Mash and Tilman Niedermaier10 The Impact of Insolvency on English Statutory Adjudication 198Adrian Bell, Aidan Steensma and Emma Riddle

‘The field of international arbitration in and of itself is a complex one, involving as it does different legal regimes, the application of which can yield different outcomes. Layered on top of the substantive law complexities are procedural issues and the brain-twisting questions associated with determining which issues are substantive and which are procedural, while some may be both. These complexities become all the more tangled where one of the parties is insolvent, and may have invoked bankruptcy protections in different jurisdictions. Bamforth and Gandhi’s book serves as a guide to untying the Gordian Knot that often presents itself when insolvent parties arbitrate. The chapters individually and collectively are well-organized and didactic. The individual authors’ experience as arbitrators and counsel in this complex area shines through and makes the book a deserving addition to any serious practitioner’s library.’