Refresh

0 Hits

Kraus

Das Schicksal internationaler Schiedsverfahren in der Insolvenz des Schiedsbeklagten

Nomos,  2020, 280 Pages

ISBN 978-3-8487-6657-4


Our continuation service: You will receive new series titles or new editions automatically and without obligation to purchase. If you wish to do so, you can mark it in the shopping cart.

The work is part of the series Schriften zum Insolvenzrecht (Volume 79)
74,00 € incl. VAT
Also available as eBook
74,00 € incl. VAT
Available
Add to shopping cart
Add to notepad
 Further options for registered users

englischThe opening of an insolvency proceeding against the defendant of a pending arbitration proceeding raises complicated questions as to whether and if so, under which conditions the arbitration proceeding can be continued. In cross-border cases the occurring problems are multiplied because the question of the applicable law is added. Unfortunately there is a lack of certainly applicable choice of law rules to answer that question because the arbitral tribunal of an international arbitration proceeding cannot be as clearly assigned to a specific forum in the way a public court can be assigned to the forum of its state. A “conflict-of-conflict-of-law problem” (De Ly) occurs.

In clear distinction from existing opinions, the thesis emanates from the principle of party autonomy that dominates the arbitration process and thus develops an independent approach of a result-oriented conflict-of-law qualification. It also contains a practical handout for arbitral tribunals.

»sehr gelungene Arbeit«
IPRAX 2/2022
Find reading samples of the current title in PDF format here:
Find the cover of the current title in PDF format here: