International arbitration and insolvency: towards a transnational approach to their interaction

Diplôme Thèse International arbitration and insolvency: towards a transnational approach to their interaction eng 2015-04-30 author Kovacs Robert Benjamin 686516 director Kaufmann-Kohler Gabrielle 28714 10.13097/archive-ouverte/unige:74855 urn:nbn:ch:unige-748554 D. 899 This doctoral thesis examines the effect of insolvency proceedings on the conduct of international arbitration and whether legislators, arbitral tribunals and national courts adopt a transnational approach to the interaction of these two fields. By adopting a comparative approach, this thesis considers the law and practice in four jurisdictions, namely, Australia, England, Switzerland and the United States, together with the practice of international arbitral tribunals. It is argued that while there are examples of common approaches across the jurisdictions examined, a transnational approach to the interaction between international arbitration and insolvency proceedings does not presently exist. It is also argued that a transnational approach to this interaction is desirable and would likely produce considerable benefits for legal practitioners, the international business community and society more generally by providing greater certainty and predictability, reduced arbitration, litigation and transaction costs, enhanced transparency and greater confidence in the international legal system. International arbitration Arbitration Insolvency Cross-border insolvency Conflict of laws Transnational Arbitrability Australia United States England Switzerland Dewey 340.9 95 Département de droit international privé 5I false 10c07913-726e-4cca-95bd-d47cede303fe Thesis Restricted International Arbitration and Insolvency - Towards a transnational approach to their interaction.pdf 1847745 application/pdf Private 2016-08-12 5f4ff03a9d6244e75aaa52c95fd977124e0c3cc1a1f0e4dfafc569011e9c5468 restrictedAccess Faculté de droit / Département de droit international privé

Title	Published in	Year	Views	Downloads

International arbitration and insolvency: towards a transnational approach to their interaction		2015	1,868	28
The Rise of a Third Generation of Arbitrators?: Fifteen Years after Dezalay and Garth	Arbitration International	2012	511	531

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Kovacs, Robert Benjamin