Arbitration and Insolvency, in the recent past, have been at the helm of academic and judicial discourses in the international arena. Parties have often used initiation of insolvency proceedings to stall arbitration, which has been recognized in, both, academic writings as well as judicial pronouncements. The discussions on arbitration paving way for insolvency merely on the latter’s trigger have been gaining momentum, however, these discussions are confined only to certain advanced jurisdictions. Courts have been reluctant in referring parties to arbitration despite a valid agreement being in place because the opposite party used the ‘I’ word, sufficient enough to bring a hiatus. For long arbitration has suffered at the hands of insolvency.
Arbinsol attempts to initiate that dialogue where both processes get their due, without peeping into each others pie – or consuming it. Opinions ranging from public policy to contractual proximity need to be freshly looked at as the Model Laws collide. Arbinsol is a platform facilitating dialogues between Arbitration and Insolvency practitioners, and thought leaders. The need for Arbinsol as a forum arises from the intersection of perspectives and the non-existence of an economically viable model to avoid the processes circumventing each other’s operation, leaving stakeholders remediless and adjudicators pushed to the wall. Arbinsol seeks to find answers on first principles by inviting contributions inter alia in writing, and in recorded opinions of academics, adjudicators and students with the endeavor to shape up the course of the two streams. In addition, we will also discuss current and prospective issues in both fields. Follow us for exciting, thought provoking range of events and discussions.