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Cross-Border Insolvency and its Impact on Arbitration

Andrew Chan Chee Yin, Jonathan Chan Tuan San, Jo Tay Yu Xi & Alexander Lawrence Yeo Han Tiong

(2014) 26 SAcLJ 999

The globalised and cross-jurisdictional nature of commercial business means that the effects of insolvencies are often felt across multiple jurisdictions. Further, the ubiquity of arbitration clauses in commercial contracts means that the likelihood of interaction between the traditionally distinct areas of arbitration and insolvency law is increasing. For example, what are the effects of a foreign insolvency event on arbitrations seated in Singapore? This article attempts to examine the interaction and impact of cross-border insolvencies on arbitration proceedings from a Singapore law perspective, which is timely given Singapore’s continued growth as a leading arbitration and established international finance centre.