Arbitration in bankruptcy proceedings

Arbitration has assumed great practical importance in recent times. Its use, as with any other legal or business process is appropriate when the parties are insolvent, even when the state of insolvency influences the entire range of economic Relations.

In spite of that, this study shows that in the majority of legislation compared, the laws have not sufficiently evolved norms susceptible for the development of guidelines founded in an arbitral scheme.

They have been maintained under the veil of 19^th century concepts no longer valid.

At the same time, there is an awareness that principles that generally govern procedures surrounding insolvency are deeply rooted in ideas of public order and general interest.