Přehled o publikaci
2016
Application of european insolvency law in arbitration proceedings
MAHDALOVÁ, SilvieBasic information
Original name
Application of european insolvency law in arbitration proceedings
Authors
MAHDALOVÁ, Silvie (203 Czech Republic, guarantor, belonging to the institution)
Edition
1. vyd. Brno, Cofola International 2016, p. 86-99, 14 pp. 2016
Publisher
Masarykova univerzita, Právnická fakulta
Other information
Language
English
Type of outcome
Proceedings paper
Country of publisher
Czech Republic
Confidentiality degree
is not subject to a state or trade secret
Publication form
electronic version available online
References:
RIV identification code
RIV/00216224:14220/16:00113768
Organization
Právnická fakulta – Repository – Repository
ISBN
978-80-210-8356-1
UT WoS
000460199300005
Keywords in English
Insolvency Regulation; Arbitration; Insolvency Proceedings; Recognition; Cross-Border Element; Applicable Law
Changed: 11/9/2020 01:32, RNDr. Daniel Jakubík
Abstract
V originále
Under Article 16 and 17 of the Council Regulation (EC) No 1346/2000, on Insolvency Proceedings, insolvency proceedings opened in territory of one Member State of the EU have universal effects within all other Member States. Pursuant to Article 4 of the Insolvency Regulation, law governing the proceedings shall be the law of the state in which the proceedings are opened. However, the Insolvency Regulation states few exemptions from this general rule. In compliance with Article 15 of the Insolvency Regulation, effects of the insolvency proceedings on a lawsuit pending in other member state are governed by the law of the state in which the lawsuit is pending. This conflict-of-law rule covers also pending arbitration. The equality of unsecured creditors of the debtor shall prevail over a reliance on any arbitration clause. The article deals with another side of the matter- application of the Insolvency Regulation before arbitral tribunals, especially with regard to recognition of the foreign insolvency proceedings before arbitral tribunals and consequences of its prospective non-recognition on the arbitral award.
