Abstract

With reference to a recent dispute, the authors discuss the overlap between insolvency proceedings and arbitration and the potential for abuse and inconsistent results. They outline the two domains' competing policy objectives and discuss conflicting national approaches before assessing compatibility in a transnational context. In doing so, they refer to a recent dispute between a Russian buyer and a Swiss seller, which included international arbitration seated in Sweden and subsequent litigation before Swedish and Russian courts all while bankruptcy was pending in Russia. ...