Introduction

Insolvency[1] has very aptly been described as a "crossroad where all the elements of the Legal System in question meet."[2] Given the global financial and economic crisis, the traffic at this crossroad is increasing. In the absence of clear signposts there is a considerable danger of accidents for unwary parties and arbitrators.[3] Insolvency administrations regularly involve disputes relating to existence of claims against the debtor or the extent of the divisible property which in principle would be covered by an arbitration agreement. In such cases disputes ...