When two worlds collide - the dilemma between insolvency and arbitration

Autor: Dr. Philipp K. Wagner, LL.M.
Yearbook on International Arbitration, Volume II, 2012, S. 119 ff.

Insolvency and arbitration are in permanent conflict as their underlying principles differ materially. This becomes particularly important in cross-border situations, where different insolvency concepts may have to be taken into account, making it difficult for arbitral tribunals to find the right approach to solve the problem. Principles of international insolvency law may prove to be helpful in this context.

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