Schiedsverfahren und Insolvenz
Eine autonome Kollisions-Lösung für Schiedsgerichte mit Sitz in Deutschland
Nomos, 1. Edition 2017, 253 Pages
The product is part of the series
GLEISS LUTZ Schriftenreihe zum deutschen und internationalen Wirtschaftsrecht
Description
The author discusses the law governing the effect of insolvency proceedings on arbitral proceedings.
Arbitral tribunals derive their power from the agreement of the parties, and therefore need to develop an autonomous conflict of laws approach to this question, guided by the interests of the parties. Among the relevant interests is the desire to obtain an enforceable award that will not be set aside in the home jurisdiction. Therefore, the perspective of state courts is also to be considered.
For state courts, the reform of the EU Insolvency Regulation has brought little certainty in this regard. In particular, to the extent the relevant question is one of validity of the arbitration agreement, the applicable law is determined by reference to the New York Convention rather than the EU Insolvency Regulation, despite the new wording of Art. 18 EU-InsReg.
The author is an attorney focusing on post M&A arbitration as well as financial/banking and anti trust litigation.
Arbitral tribunals derive their power from the agreement of the parties, and therefore need to develop an autonomous conflict of laws approach to this question, guided by the interests of the parties. Among the relevant interests is the desire to obtain an enforceable award that will not be set aside in the home jurisdiction. Therefore, the perspective of state courts is also to be considered.
For state courts, the reform of the EU Insolvency Regulation has brought little certainty in this regard. In particular, to the extent the relevant question is one of validity of the arbitration agreement, the applicable law is determined by reference to the New York Convention rather than the EU Insolvency Regulation, despite the new wording of Art. 18 EU-InsReg.
The author is an attorney focusing on post M&A arbitration as well as financial/banking and anti trust litigation.
Bibliographical data
| Edition | 1 |
|---|---|
| ISBN | 978-3-8487-2221-1 |
| Subtitle | Eine autonome Kollisions-Lösung für Schiedsgerichte mit Sitz in Deutschland |
| Publication Date | Mar 28, 2017 |
| Year of Publication | 2017 |
| Publisher | Nomos |
| Format | Softcover |
| Language | deutsch |
| Pages | 253 |
| Medium | Book |
| Product Type | Scientific literature |
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