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    Arbitration of insolvency disputes: The View from the Australian courts
    2023-05-23

    Two recent judgments from different Australian courts have considered circumstances in which insolvency disputes can (or cannot) be arbitrated in accordance with pre-existing arbitration agreements. In particular, the decisions address the following two key issues:

    • when certain insolvency claims can be arbitrated; and
    • when a third party can participate in arbitral proceedings either claiming or defending ‘through or under’ a party to the arbitration agreement.

    Key takeaways

    Filed under:
    Australia, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Singapore International Arbitration Centre, Australian Centre for International Commercial Arbitration, Commercial Arbitration Act 2006 (Australia), International Arbitration Act 1974 (Australia)
    Authors:
    Inigo Kwan-Parsons , Leon Chung , Guillermo García-Perrote
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
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