Introduction

The increase in bankruptcy filings in the wake of the recent economic downturn and the conflicting decisions in Europe as to the enforcement of arbitration clauses when bankruptcy intervenes prompt our interest in what happens to international arbitration agreements in the context of bankruptcy proceedings in the United States. As reported by the Office of Administration of the U.S. Courts, in the 12-month period ending June 30, 2009, there was a 35% increase in bankruptcy filings in the U.S. compared to the 12-month period ending June 30, 2008.[1] Business bankruptcy filings rose 63 ...