Arbitration and insolvency (England and Wales)
Produced in partnership with Patrick Taylor and Gavin Chesney of Debevoise & Plimpton LLP, the IBA's national rapporteurs for England & Wales

The following Restructuring & Insolvency practice note produced in partnership with Patrick Taylor and Gavin Chesney of Debevoise & Plimpton LLP, the IBA's national rapporteurs for England & Wales provides comprehensive and up to date legal information covering:

  • Arbitration and insolvency (England and Wales)
  • Impact of national insolvency on domestic or foreign arbitration (England and Wales)
  • The IBA toolkit on insolvency and arbitration
  • Brexit impact
  • Part I: Impact of insolvency proceedings on ability to commence or continue arbitration
  • 1. Does the law of England and Wales contain any provision on the effect that the opening of insolvency proceedings produces on arbitration? If so, what is the source of the provision or provisions providing for the effects? That is, are the effects provided by the insolvency legislation as part of the consequences produced by the opening of insolvency proceedings? Or, are they provided by the arbitration legislation or law as a matter concerning the arbitrability of disputes, the capacity of the parties to arbitrate, the validity and effectiveness of arbitration agreements, or any other arbitration-specific category?
  • 2. Does the insolvency legislation in England and Wales provide for the concentration of disputes concerning the insolvent debtor before the insolvency court ()? If so, Which disputes fall under the rules on ? Are disputes in arbitration or subject to an arbitration agreement covered by the ?
  • 3. What are the effects (if any) of the opening of insolvency proceedings in England and Wales on the possibility to commence or continue arbitration proceedings? In answering this question, please address separately each of the following points:
  • 4. Does the law of the jurisdiction permit relief from the effects above? If so, what procedures must be followed in order to proceed with an arbitration? Can an interested party seek to intervene in the insolvency proceeding in order to proceed with arbitration? What considerations will the insolvency court take into account in making the decision of whether to send the matter to arbitration?
  • Administration
  • More...

Arbitration and insolvency (England and Wales)

Impact of national insolvency on domestic or foreign arbitration (England and Wales)

This Practice Note considers the impact of insolvency proceedings initiated in England and Wales on arbitration commitments involving an insolvent party.

The IBA toolkit on insolvency and arbitration

This Practice Note is based on the National Report of England and Wales which forms part of the IBA Toolkit on Insolvency and Arbitration (the IBA Toolkit), and is reproduced with permission. The IBA Toolkit provides guidance to parties, counsel, and arbitrators in situations where a party to arbitration proceedings is also subject to insolvency proceedings in one or more jurisdictions. The IBA Toolkit contains a number of National Reports in addition to the one on which this Practice Note is based. For the avoidance of doubt, the National Report upon which this Practice Note is based is not intended to provide legal advice applicable to specific fact situations.

Brexit impact

This Practice Note considers insolvency proceedings commenced after 11:00 pm on 31 December 2020 (IP completion day) and proceeds on the assumption that the saving provisions relating to the EU Recast Regulation on Insolvency, Regulation (EU) 848/2015 do not apply (see Practice Note: Brexit—impact on Recast Regulation on Insolvency). Accordingly, this Practice Note assumes that the automatic recognition provisions of the EU Recast Regulation on Insolvency no longer apply to the UK.

Part I:

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