THE BUSINESS, THE ARBITRATION AND THE COURT

Polya Goleva ()
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Polya Goleva: Institute for the State and the Law - Bulgarian Academy of Sciences

THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY, 2021, issue 1, 55-74

Abstract: The article is devoted to the current issue of the relationship between the jurisdiction of arbitration and the state court in resolving commercial disputes in cases where in insolvency proceedings and more precisely at the stage of liquidation of the property of a bankrupt trader, the insolvency court assigns a claim of the trader for whom an arbitration agreement has been concluded. The author maintains that the arbitration agreement retains its effect in the relationship between the buyer of the claim and the debtor. It is noted as incorrect the tendency, contrary to the law, to narrow the jurisdiction of the arbitral tribunal at the expense of the state.

Keywords: arbitration agreement; assignment of a claim by the court to a third party; liquidation of property; commercial insolvency (search for similar items in EconPapers)
JEL-codes: K00 (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:vra:lbcs20:y:2021:i:1:p:55-74

DOI: 10.36997/LBCS2021.55

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