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Construction Law in the 21st Century

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Arbitration and insolvency in civil law European countries

Arbitration and insolvency are two institutions that do not easily coexist. Both insolvency and arbitration have their own very specific legal provisions within a jurisdiction, each providing a special regime for settlement of disputes that deviates from the general rule (specialia generalibus derogant). In short, the application of arbitration and insolvency in the same dispute involves an analysis of ‘special vs special’ regulations.

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