Insolvency & Arbitration - Key Issues & Practical Considerations

Introduction

The worlds of arbitration and insolvency are very different.

Arbitration is a means of dispute resolution which is created because of an agreement voluntarily entered into between parties.

In contrast, insolvency processes are state driven and involved parties have little control over them.

With increasing adoption of arbitration by commercial parties at the same time as a global slowdown resulting in insolvency processes becoming more common, practitioners are having to deal more regularly with the interaction between the two processes.

This webinar will look at the features of and differences between the processes, and how courts and practitioners have struggled (and continue to struggle) to reconcile them in some of the leading cases in the area.

It will also consider how insolvency impacts on ongoing arbitration processes (from both a claimant and a respondent’s perspective), the effect of an intervening insolvency on an ongoing arbitration and whether there is any utility in pursuing an arbitration involving an insolvent entity.

The webinar will also look at the international dimension as arbitration is a transnational process whereas insolvency processes vary from jurisdiction to jurisdiction.

It will consider what difference that makes and how to navigate the challenges that arise.

The webinar is suitable for arbitration and insolvency practitioners alike.

What You Will Learn

This webinar will cover the following:

• Features of arbitration and insolvency processes
• Differences between the processes
• Why you need to know
• The effect of insolvency on an arbitration process
• How to deal with arbitration as part of an insolvency
• What the leading cases say (Salford Estates and Sian Participation; Riverrock)
• Understanding important international dimensions

This pre-recorded webinar will be available to view from Monday 2nd June 2025

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.