This article analyzes
how insolvency proceedings affect arbitration agreements, focusing on Article
140 of the Spanish Insolvency Law (TRLC). As a general rule, arbitration
agreements entered into prior to the insolvency are upheld, unless the judge,
with due justification and before the commencement of the arbitration, suspends
their effects in order to safeguard the insolvency process, allowing for
exceptions. This study examines the gaps in the TRLC, its interaction with the
Arbitration Law, and the risk of jurisdictional conflicts, particularly
regarding the res judicata effect of arbitral awards and the potential
annulment for fraud declared by the insolvency judge.