What effect does an insolvency process have on ongoing litigation and arbitration proceedings?

The following Restructuring & Insolvency practice note provides comprehensive and up to date legal information covering:

  • What effect does an insolvency process have on ongoing litigation and arbitration proceedings?
  • Coronavirus (COVID-19)
  • Bankruptcy proceedings
  • What happens when the debtor/bankrupt is a claimant in ongoing proceedings?
  • What happens when the debtor/bankrupt is a defendant in ongoing proceedings?
  • Costs of litigating against an insolvency practitioner
  • Considerations in company insolvency proceedings
  • Administration
  • Compulsory liquidation
  • Creditors’ voluntary liquidation and members’ voluntary liquidation
  • More...

What effect does an insolvency process have on ongoing litigation and arbitration proceedings?

This Practice Note discusses:

  1. the effect of an insolvency process on pending court proceedings in which the debtor, bankrupt or insolvent company is a claimant or defendant

  2. the interaction between an insolvency process and an arbitration agreement that is binding on the debtor, bankrupt or insolvent company

  3. additional considerations in a cross-border context

This Practice Note explains the law as it relates to bankruptcy proceedings and then goes on to set out the unique features in the case of company winding up.

Coronavirus (COVID-19)

This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and processes as a result of the coronavirus (COVID-19) pandemic, including the Temporary Insolvency Practice Direction. For further information, see Practice Notes: Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings and The Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (June 2021).

For information on the relationship between insolvency and arbitration during the coronavirus pandemic. see News Analysis: Insolvency and arbitration during coronavirus (COVID-19).

For related news, guidance and other resources to assist practitioners working on restructuring and insolvency matters, see: Coronavirus (COVID-19)—Restructuring & Insolvency—overview.

Bankruptcy proceedings

What happens when the debtor/bankrupt is a claimant in ongoing proceedings?

The presentation of a bankruptcy petition, by either a creditor or the debtor himself, has no legal

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