This article is being shared courtesy of INSOL.
“INSOL International is pleased to present a Special Report titled “Arbitration and insolvency disputes: A question of arbitrability” by the Hon Paul Heath QC, Bankside Chambers (Auckland and Singapore) and South Square, London and Dr Anna Kirk, Bankside Chambers (Auckland and Singapore).
Until recently it was commonly accepted that insolvency disputes fell outside the scope of arbitration. However, recent authorities suggest a more liberal approach to arbitration, albeit one where the boundary between those disputes that are or are not arbitrable, is somewhat blurred. A number of authorities suggest the line is determined by reference to whether a dispute involves “core” or “pure” insolvency issues, although the question may be asked what exactly the terms “core” or “pure” mean in this context? The purpose of this report is to consider these issues in order to distinguish those insolvency related disputes that are arbitrable from those that are not.
INSOL International sincerely thanks the Hon Paul Heath QC and Dr Anna Kirk for this thought-provoking and interesting Special Report on arbitration and insolvency.”