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IBA Toolkit on Insolvency and Arbitration

This Toolkit provides guidance to parties, counsel and arbitrators in situations where a party to arbitration proceedings is also subject to insolvency proceedings in one or more jurisdictions. In 2019, the IBA Arbitration Committee established a sub-group to examine the intersection of insolvency and arbitration and develop meaningful guidance for the arbitration community on the subject. The Toolkit, published by the Committee in March 2021, consists of three parts:

  1. National Reports from 19 countries, discussing the legal approach to the intersection of arbitration and insolvency in their jurisdiction
  2. An Explanatory Memorandum, providing a detailed explanation of the relevant concepts discussed in the National Reports and how they may impact domestic and international arbitrations
  3. A Checklist on Insolvency and Arbitration, serving as a tool to arbitrators, counsel and parties in identifying issues relevant to the intersection of arbitration and insolvency and providing a framework for considering their resolution

The IBA Insolvency and Arbitration project was co-chaired by Felipe Ossa of Claro & Cia and Jennifer Permesly of Skadden Arps Slate Meagher & Flom LLP. Dr Manuel Penades, a leading scholar on the intersection of insolvency and arbitration, was selected to act as Academic Chair. The project was conceived by IBA Arbitration Committee Vice-Chair, Christian Leathley, who provided significant input on the project.

Download the IBA Toolkit on Insolvency and Arbitration, the national reports by country and more, using the links below.

The Toolkit seeks to offer an aide memoire to arbitration practitioners, but will naturally benefit from ongoing review and input from the arbitration and insolvency communities. Accordingly, should you be interested in submitting a National Report or other suggestions, please contact the Co-Chairs and Academic Chair of the Project with your CV and a summary of your specific credentials, and we will respond in due course.