D 2016

Application of european insolvency law in arbitration proceedings

MAHDALOVÁ, Silvie

Basic 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:

URL

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.
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