The International Bar Association has recently published a Toolkit at the intersection of Insolvency & Arbitration. The Toolkit aims to provide practical guidance to parties, counsel and arbitrators alike in situations where a party to an arbitration is also subject to insolvency proceedings.
Several relevant legal and practical issues arise at the intersection of insolvency and arbitration – and the Toolkit provides National Reports from 26 different countries, explaining how these issues are dealt with in different jurisdictions. The National Report for Germany was prepared by Carl-Christian Kramer and Philipp K. Wagner. The Toolkit also includes a helpful checklist tool and an explanatory memorandum.
This product is the result of several years of work, after the IBA Arbitration Committee established a Working Group to examine the intersection of insolvency and arbitration. We invite you to check out the results of that work (https://lnkd.in/du3p29Th), and thank the Co-Chairs Hamid Abdulkareem, Simon Batifort, and Dr Manuel Penades for their guidance.