2017-04-doc2 Insolvency prodeedings, arbitration and pending lawsuits

Article 18 Insolvency Regulation (recast) differs in two aspects from the text in its near equivalent in Article 15 of the Insolvency Regulation 2000. Although it has been reported that in Member States ‘… no serious problems’ have been raised in the context of Article 15 EIR 2000, and there would be no urgent need in this respect to amend Article 15 EIR 2000, it has been submitted that it would be rather easy and advisable to ‘… simply add the words ‘or an arbitration proceedings’ to the article’, see Pfeiffer, in: Heidelberg-Luxembourg-Vienna Report (2013), nr. 856. It flows from the attached draft commentary that the characterisation ‘no serious problems’ is a rather innocent view of some fifteen years of development. Memo06 This Memo06 on the effects of insolvency proceedings on pending lawsuits or arbitral proceedings serves as an invitation, as expressed on my blog www.bobwessels.nl, go to 2017-01-doc13, to participate in developing my book International Insolvency Law, Part II European Insolvency Law. Responses please before 24 April 2017 to info@bobwessels.nl.

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