30 avril 2015: Monsieur Robert Kovacs
Monsieur Robert KOVACS soutiendra, en vue de l'obtention du grade de docteur en droit, sa thèse intitulée :
« International Arbitration and Insolvency : Towards a transnational approach to their interaction »
Jeudi 30 avril 2015 – 9h.00
Salle M3050 - UNI MAIL
La séance est publique
This doctoral thesis examines the effect of insolvency proceedings on the conduct of international arbitration and whether legislators, arbitral tribunals and national courts adopt a transnational approach to the interaction of these two fields. The recent global financial crisis, and the resultant increase in company insolvencies, has focused the attention of lawyers and commentators on the legal implications that ensue from the insolvency of a company and the need to resolve disputes involving such insolvencies.
Despite successful efforts to “harmonise” international insolvency regulation and international arbitration regulation respectively, regulation concerning the interaction of insolvency regimes and international arbitration are strikingly absent. By adopting a comparative approach, this thesis examines the law and practice in four jurisdictions, namely, Australia, England, Switzerland and the United States, together with the practice of international arbitral tribunals, in order to determine whether there is currently a transnational approach. It is argued that while there are examples of common approaches across the jurisdictions examined, a transnational approach to the interaction between international arbitration and insolvency proceedings does not presently exist. It is also argued that a transnational approach to this interaction is desirable and would likely produce considerable benefits for legal practitioners, the international business community and society more generally by providing greater certainty and predictability, reduced arbitration, litigation and transaction costs, enhanced transparency and greater confidence in the international legal system.
To this end, this thesis proposes the development of a set of guidelines on the interaction between international arbitration and insolvency proceedings and makes seven recommendations. It is envisaged that these recommendations may be used as a starting point for an international committee of international arbitration and insolvency experts to develop such guidelines. It is hoped that the recommendations and proposed set of guidelines will go some way to addressing the current gap in the regulation of the interaction between international arbitration and insolvency proceedings and provide a basis for further regulation to pursue a path towards a transnational approach.
16 mars 2015