ARBITRATION AGREEMENTS AND THE WINDING-UP PROCESS: RECONCILING COMPETING VALUES

Abstract Courts in a number of jurisdictions have attempted to resolve the relationship between winding-up proceedings and arbitration clauses, but unified approach is yet appear. A fundamental disagreement exists courts which believe that insolvency law should be applied, those prefer prioritise law. This article argues more principled solution emerges if problem understood as one competing values process characterisation can offer guidance. would allow both individual cases, coherent dialogue take different approaches issue.