The Arbitrability of Insolvency-Related Claims in Parallel to Ongoing Insolvency Proceedings

  • Snehal Bhatia and Khushi Agrawal
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  • Snehal Bhatia

    Student at Symbiosis Law School, Noida, India.

  • Khushi Agrawal

    Student at Symbiosis Law School, Noida, India.

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Contractual claims, in which one party requests payment of a specific sum, are the most common source of commercial arbitration conflicts. This subject matter is, without a doubt, arbitrable in and of itself. When one of the parties declares bankruptcy, insolvency laws often require the insolvent party to undergo an authentication process overseen by national courts. Government policies regularly collide with international arbitration decisions. While arbitral tribunals emphasise the liberty of parties to choose whether or not to resolve their disputes through arbitration, states have a natural tendency to protect their territorial sovereignty and public policy. This paper talks about arbitration and its scope in the case of insolvency proceedings, how it is affected and what are the views of the international and national authorities on the subject matter. Through this paper, the authors have tried to convey the International and National standpoints on the issue of clash of arbitration and insolvency proceedings.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 229 - 237


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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