When International Arbitration, US Bankruptcy Collide

Law360, New York (August 11, 2010, 1:41 PM EDT) -- The question of what happens to an international arbitration when a party files for bankruptcy in the United States is arising with increasing frequency. In the United States, the public policy interests that underlie both bankruptcy and arbitration legislation sometimes clash on critical points.

The federal courts have developed competing approaches to addressing these issues. This fractured case law introduces uncertainty at the intersection of arbitration and bankruptcy.

U.S. Bankruptcy Code

Under the U.S. Bankruptcy Code, bankruptcy courts serve as a centralized forum for resolving all...
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