Wpływ ogłoszenia upadłości w Polsce na zagraniczne postępowanie arbitrażowe
The Impact of Insolvency Commenced in Poland on Foreign Arbitration Proceedings

Summary/Abstract: The issue of the insolvency impact on arbitration is complicated, because it needs delve to different areas of law namely, the law on international arbitration, international insolvency law and private international law. It makes a number of problems both theoretical and practical, expression of this are court decisions and statements in the literature. Purpose of this study is an attempt to answer on some problems related to issues mentioned above. Paper presents basic principles of international insolvency proceedings, which play a crucial role from the standpoint of the impact of insolvency on the pending arbitration. Considerations carried out in the article have been divided into two groups, the first impact of insolvency commenced in Poland on pending arbitration in other EU Member State and the second impact of insolvency commenced in Poland on pending arbitration in the third country. Therefore in the article has been presented model of the recognition of foreign insolvency proceedings based on Regulation 1346/2000 and also there have been presented European conflict of law rules which indicate the insolvency statute. In article is also discussed application of international insolvency rules by arbitration courts.

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