Enforceability of Arbitration Clauses in Bankruptcy | Practical Law
This Note addresses the enforceability of contractual arbitration clauses in US bankruptcy proceedings. Their enforceability is often debated in bankruptcy cases and has led to conflicting case law. Before making, or opposing, a motion to compel arbitration in a federal bankruptcy proceeding, counsel should carefully consider the extent of the bankruptcy court’s discretion over the arbitration demand and the type of dispute to be arbitrated.