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The Potential Rise of Bankruptcy Cases in Arbitration

by Claire Mendes

July 2020

Claire Mendes

The authors of The Overlap Between Bankruptcy Court and Arbitration in the United States: Is a Preference for Arbitration the Key to Breaking the Loop? argue that following the coronavirus pandemic, there will be a shift from litigating bankruptcy in courts to resolving it through arbitration. They note that in bankruptcy proceedings, arbitral institutions and bankruptcy courts may both have jurisdiction, and claims that are tangential to the bankruptcy proceeding can end up in bankruptcy court. The authors argue that these types of claims should stay in arbitration to preserve resources, keep the judicial system from being overwhelmed, and prevent potential forum shopping by litigants who might prefer their odds in bankruptcy court.

For more, see A.J. Brody; N.Y. Silver; S.A. Hoffman (2020, forthcoming), "The Overlap Between Bankruptcy Courts and Arbitration in the United States: Is a Preference for Arbitration the Key to Breaking the Loop?"
(TDM, ISSN 1875-4120) July 2020, https://www.transnational-dispute-management.com/journal-advance-publication-article.asp?key=1841.

 

 

 

Claire Mendes is a law student at University of Missouri-Columbia. She has a B.A. in English and Philosophy from St. Lawrence University.



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The views expressed by authors are their own and do not necessarily reflect the views of Resourceful Internet Solutions, Inc., Arbitrate.com or of reviewing editors.
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