The Overlap Between Bankruptcy Courts and Arbitration in the United States: Is a Preference for Arbitration the Key to Breaking the Loop?
Article from: TDM 1 (2022), in Insolvency Proceedings and Arbitration
Executive Summary
This article posits that there will be an increase in arbitrations involving bankruptcy in the wake of the COVID-19 pandemic, and that many litigants will be compelled - or should be compelled - pursuant to written agreements, to arbitrate their disputes before specialized tribunals, such as FINRA, in lieu of litigating these same claims before the bankruptcy courts. In the context of bankruptcy, arbitral institutions and bankruptcy courts frequently have concurrent jurisdiction over disputes, particularly where arbitration is a contractual right. Oftentimes a claim ...
