The Effects of Bankruptcy on Arbitration: An Unresolved Issue of Characterization and Applicable Law

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Abstract

The effects of bankruptcy on arbitration remain unclear and they differ from jurisdiction to jurisdiction. Although being oft-discussed in doctrine as well in court and arbitral practice, there is still no uniform answer to the question of which law governs such effects. We saw this question again in the Svea Court of Appeal’s [“Svea Court”] decision rendered on March 20, 2015 between Advadis S.A. [“Advadis”] and Royal Unibrew A/S [“Royal Unibrew”][Case No. T 8043-13]...
Original languageEnglish
PublisherKluwer Arbitration Blog
Publication statusPublished - 14 Sept 2015

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