The current economic downturn consequent upon the 2008 crisis in the financial sector has put businesses under great strain. Many have encountered financial difficulties that have reduced or even undermined their viability as going concerns and forced them into insolvency. Over the years, ICC has administered numerous cases in which one or more of the parties were subject to insolvency proceedings. The convergence of these two proceedings of a contrasting nature-one contractual and anational, the other coercive and country-specific-presents a challenge for arbitrators in international disputes. In this issue of the Bulletin we publish extracts from 16 ICC awards rendered between 2002 and 2006 in which arbitral tribunals have been faced with this challenge. These awards illustrate the kinds of difficulties that can arise and how they have been addressed in practice and in the particular circumstances of each case. An accompanying commentary by Dominique Vidal provides an analysis of these and other cases involving insolvent parties from the perspective of both company and arbitration law. Although not precedents, the solutions found by arbitral tribunals in past cases offer concrete illustrations that are invaluable to practitioners. They can be a source of practical guidance, a pointer to pitfalls, and a means of instruction.

The same can be said of two other items in this issue: arbitrators will find in Thomas Clay's article some interesting reflections on how they can help to ensure their awards are executed; while experts will find much useful advice in the report of the ICC Commission on Arbitration on standards of conduct in arbitration and expertise proceedings.

This issue also contains the 2008 Statistical Report on ICC dispute resolution services, which shows a year of intense activity that has continued into 2009.

Jason Fry

Secretary General

International Court of Arbitration