Study on Jurisdiction in Cases of Judicial Review of Arbitration in Bankruptcy Proceedings

Abstract

The issue of jurisdiction for judicial review of arbitration in bankruptcy proceedings should ab-andon “all or nothing” thinking. The purpose of different subjects applying for the setting aside or non-enforcement of arbitral awards in bankruptcy proceedings should be contemplated after a typology of the elements affecting jurisdiction analysed in the light of the different concepts of the Enterprise Insolvency Law and the Arbitration Law. Mitigating the conflict between the jurisdic-程操