The Interplay Between Insolvency Proceedings and Parallel International Arbitration Proceedings in the Post-Pandemic World
The World Financial Review 2020
Posted: 14 Aug 2020
Date Written: August 2020
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: Suggested Citation