Kluwer: The Law Governing the Effects of Insolvency in Arbitration: Is UNCITRAL Getting it Wrong? – Part II

Published on November 26, 2024

By Manuel Penades (King's College London)

Building on Part I of this post, Part II explains the serious practical disfunctions that would derive from the adoption by Working Group V (“WG V”) at UNCITRAL of the current proposal to subject all the effects of insolvency in arbitration to the law of the State in which insolvency proceedings have been opened (the...

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Kluwer: The Law Governing the Effects of Insolvency in Arbitration: Is UNCITRAL Getting it Wrong? – Part I

November 26, 2024
By Manuel Penades (King's College London)Since 2019, Working Group (“WG”) V of UNCITRAL has been working on the adoption of a choice of law instrument that regulates the law applicable to the international effects of insolvency proceedings. The project seeks to include a rule on the law governing the impact of insolvency in arbitration. Part I of this post examines... Continue reading