European Insolvency And Pending Arbitration

In Syska v Vivendi [2008] EWHC 2155, the Commercial

Court had to consider the effect of a Polish company's

insolvency on pending LCIA arbitration in London, in which it was a

party.

The arbitration proceedings had been brought against the Polish

company in August 2003. In August 2007 it was declared bankrupt in

Poland and in October 2007 the tribunal held that it still had

jurisdiction and made an award against the company.

Under Polish insolvency law, an arbitration clause concluded by

a...