Intersection of Arbitration & Insolvency - Law Assignment Help

Assignment Task

Question no. 1 is mandatory, attempt any 1 from Q2 and Q3 -

Q1. The New York Convention has been a successful instrument towards harmonisation of standards for assessing enforceability of awards and referring parties to arbitration. However, jurisdictional deviations have been in place, how do you perceive modified universalism in this context. Opinions have tilted towards a customary law norm to be developed in the comparatively recent Model Law on Cross Border Insolvency to achieve homogeneity in practices across nations specifically the ancillary jurisdictions.
How do you see the interplay between these two instruments in the context of modified universalism in an intersection of arbitration and insolvency.

Q2. Given the stark contrast in the approach with respect to rendering an enforceable award by arbitrators, how would you support the grant of an anti-suit injunction in the Riverrock case. Would assuming jurisdiction by the tribunal seated in London amount to a divergence from the obligation in the English practice on arbitrability of avoidance clauses?

Q3. Powers of the Insolvency Trustee in avoidance transactions and executory contracts is established. Sophisticated jurisdictions have even legislated on these aspects. Would you agree a non-recognition of the powers of the trustee in the garb of “international Public Policy” is justified. Assess in the light of :i)Recast Regulations and
ii)Signatory and Non-signatory to the Model Law (where the signatory is the COMI and vice versa).

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