The Rejectability of Arbitration Clauses
Jason S. Brookner and Monica S. BlackerAmerican Bankruptcy Institute Journal
April 1, 2007
In a piece titled "Enforcement of Arbitration Provisions in Bankruptcy," Jaime Byrnes discusses the possibility of an arbitration clause being considered an executory contract and either assumed or rejected in bankruptcy, separate from the underlying "main" contract of which it is a part. This article examines that concept more closely.
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