International Arbitration and Cross-Border Insolvency—Friends or Foes? Revisiting the Role of Arbitration in Resolving Cross-border Insolvency-Related Disputes

Abstract

In the midst of a global pandemic, whose economic consequences are still unfolding, cross-border insolvencies loom closer. Besides the ripple effect cross-border insolvency cases might have on the economy, another cause of concern lies in the complexity of resolving such cases. Against this backdrop, this contribution posits that international arbitration may facilitate the resolution of some of the cross-border insolvency-related disputes as long as certain safeguards are put in place. Consequently, the perceived advantages of international arbitration may ease the already intricate cross-border insolvency proceedings, relieving insolvency courts around the world.