Arbitral autonomy & insolvency protections
The tension between agreements to arbitrate, protection of the debtor’s estate, and equitable treatment of creditors.
Triumph & Co. presents
Are Claims and Counterclaims Against Companies in Bankruptcy Admissible in Arbitration Under UAE Law?
CONFIRM YOUR PRESENCE ↗About the discussion
The intersection of arbitration and insolvency presents one of the most challenging procedural questions facing parties, tribunals, and practitioners in the UAE today, following the issuance of the new UAE Bankruptcy Law No. 51 of 2023.
While arbitration agreements are generally upheld and parties are free to pursue claims through arbitration, the commencement of bankruptcy proceedings introduces a competing legal regime designed to protect the debtor’s estate and ensure the equitable treatment of creditors.
This session will examine whether claims and counterclaims brought against a company undergoing bankruptcy proceedings that initiates arbitration against its debtors remain admissible in arbitration, or whether such claims must instead be pursued within the framework of the UAE Bankruptcy Law.
Through an analysis of statutory provisions, judicial decisions, and practical experiences from recent UAE arbitrations, the discussion will explore the tension between arbitral autonomy and insolvency protections, and consider how tribunals should navigate issues of jurisdiction, admissibility, set-off, net account, final account, and enforcement when a party to the arbitration has entered bankruptcy.
Key topics
From the right forum to the enforceability of an award: the issues that shape proceedings when bankruptcy intervenes.
The tension between agreements to arbitrate, protection of the debtor’s estate, and equitable treatment of creditors.
How tribunals should approach their authority and the admissibility of claims when a party enters bankruptcy.
Whether claims against a company in bankruptcy belong in arbitration or within bankruptcy proceedings.
The treatment of reciprocal claims and account balances at the intersection of the two legal frameworks.
Perspectives from statutory provisions, court decisions, and recent UAE arbitrations.
The questions that arise when seeking to enforce an arbitral award involving a party in bankruptcy.
Meet the speakers
Profiles from the 2025 edition, retained for this design preview. The 2026 line-up is subject to confirmation.
Founding Partner, Triumph & Co.
International Arbitrator, Blanke Arbitration
Director, B+A
Event agenda
Session timings and the event programme will be published once confirmed.
Previous events
A look back at Triumph & Co.’s Dubai Arbitration Week events, through the people and conversations that brought them to life.
Gallery preview · Photos from previous events will be added here.
EXPLORE THE 2025 EDITION ↗Join the discussion
Dubai Arbitration Week 2026
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