Doctoral thesis
English

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

Defense date2015-04-30
Abstract

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.

Keywords
  • International arbitration
  • Arbitration
  • Insolvency
  • Cross-border insolvency
  • Conflict of laws
  • Transnational
  • Arbitrability
  • Australia
  • United States
  • England
  • Switzerland
Citation (ISO format)
KOVACS, Robert Benjamin. International arbitration and insolvency: towards a transnational approach to their interaction. Doctoral Thesis, 2015. doi: 10.13097/archive-ouverte/unige:74855
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Thesis
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Update time14/03/2023 23:34:49
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