INSIGHTS

Arbitration of Insolvency-Related Contract Claims: Identifying the Tensions Between the Parties’ Freedom of Choice and the Insolvency Settlement Mechanism

Introduction : Any business contract normally contains some form of dispute resolution mechanism. Supply contracts have it. Shareholders' contracts have it too. So do guarantees, joint ventures, and license agreements, meaning that a firm facing CIRP may already be embroiled in various arbitrations or enter into contracts with a potential to trigger disputes leading to arbitration. The situation is rather straightforward in theory, but not quite so in practice: the IBC is ess

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