Where the impact of restructuring and insolvency on arbitration is concerned, we have identified three distinct stages:
- Arbitrations commencing after an insolvency process (post insolvency).
- Insolvency processes occurring prior to an award but after the arbitration proceedings have commenced or where an arbitration and insolvency process run in tandem (mid-arbitration).
- Arbitrations which have commenced prior to an insolvency process but where the award has not been enforced nor satisfied (award enforcement).
Part 1 of this blog examined the first two of these stages. This part 2 will consider the third stage, as well as the new standalone moratorium under the Corporate Insolvency and Governance Act 2020. Continue reading