Monitor Prawniczy

no. 12/2022

The arbitration clause and bankruptcy proceedings

DOI: 10.32027/MOP.22.12.3
Karolina Ochocińska
Autorka jest radcą prawnym; ORCID 0000-0002-7003-7488.
Abstract

The article discusses the issue of pursuing claims before an arbitration court during bankruptcy proceedings. The problem of the impact of the declaration of bankruptcy on the arbitration clause made by the bankrupt has been raised. This issue covers the question of the validity of the arbitration clause and the right to withdraw from the arbitration clause by the receiver and the counterparty. Also discussed have been the situations in which it is allowed to introduce the arbitration clause after the bankruptcy has been declared by the receiver. The texts ends with an assessment of the regulation from the viewpoint of the bankrupt’s creditors and the counterparty.