Abstract

This paper studies the effects that the opening of insolvency proceedings produces on international mediation clauses, procedures and agreements. This topic has remained vastly overlooked in the past, despite the increasing use of mediation to address insolvency situations. The analysis required is twofold. First, it is necessary to determine the law that will govern the substance of those effects. In this private international law stage, the European Insolvency Regulation constitutes the cornerstone of the system for cross-border insolvencies in every EU Member State and ...