Remedy
Start free

Section 349A: Arbitration agreements to which bankrupt is party.

Insolvency Act 1986 · 1986 c. 45View on legislation.gov.uk

Part IX: Bankruptcy — Chapter V: Effect of Bankruptcy on Certain Rights Transacttions, Etc.

This section applies where a bankrupt had become party to a contract containing an arbitration agreement before the commencement of his bankruptcy.

If the trustee in bankruptcy adopts the contract, the arbitration agreement is enforceable by or against the trustee in relation to matters arising from or connected with the contract.

If the trustee in bankruptcy does not adopt the contract and a matter to which the arbitration agreement applies requires to be determined in connection with or for the purposes of the bankruptcy proceedings—

the trustee with the consent of the creditors' committee, or
any other party to the agreement,

may apply to the court which may, if it thinks fit in all the circumstances of the case, order that the matter be referred to arbitration in accordance with the arbitration agreement.

In this section—

  • "arbitration agreement" has the same meaning as in Part I of the Arbitration Act 1996; and

  • "the court" means the court which has jurisdiction in the bankruptcy proceedings.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.