3 Cases Show Tensions Between Arbitration and Insolvency

Partner Jennifer Permesly, counsel Sharmistha Chakrabarti and associate Liz Downing look at three recent cases that highlight the persisting tension between arbitration and insolvency. Two of the decisions demonstrate the difference in approach that domestic courts may take in these types of proceedings, while the third reflects ways in which arbitration and insolvency are sometimes pitted against each other for strategic gain.