The Interplay Between Insolvency Proceedings and Parallel International Arbitration Proceedings in the Post-Pandemic World

The World Financial Review 2020

Posted: 14 Aug 2020

See all articles by Kiran Nasir Gore

Kiran Nasir Gore

George Washington University - Law School; New York University (NYU)

Charles H. Camp

The George Washington University Law School

Date Written: August 2020

Abstract

As businesses emerge into the post-pandemic world, insolvency proceedings offer practical solutions to businesses aiming to recover from the recent global economic fallout. These businesses hope to repay their debts, restructure and reorganize their assets, and generally manage their operations. While effective, insolvency-based solutions are often designed only to further domestic legal and policy goals and they do not perfectly interact with cross-border business relationships. This article draws upon the authors’ expertise in international dispute resolution to discuss the legal and practical challenges found at the intersection of insolvency proceedings and parallel international arbitration proceedings. These insights provide businesses and their insolvency advisers with a blueprint for managing competing concerns at a sensitive and unpredictable time in a business’s lifecycle.

Keywords: pandemic, bankruptcy, insolvency, finance, business, liability, law, arbitration, litigation, parallel proceedings, chapter 11

JEL Classification: k2, k41

Suggested Citation

Gore, Kiran Nasir and Camp, Charles, The Interplay Between Insolvency Proceedings and Parallel International Arbitration Proceedings in the Post-Pandemic World (August 2020). The World Financial Review 2020, Available at SSRN: https://ssrn.com/abstract=3671173

Kiran Nasir Gore (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

New York University (NYU) ( email )

Bobst Library, E-resource Acquisitions
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New York, NY 10003-711
United States

Charles Camp

The George Washington University Law School ( email )

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