BANKRUPTCY ARBITRATION AND THE UNWILLING DEBTOR

The problems that have existed between agreements to arbitrate and the reach of the U.S. Bankruptcy Courts in cases involving debt resolution have finally reached the boiling point. That ongoing conflict, says Jeremy Harwood, has ''almost always been resolved in favor of a debtor unwilling to abide by an arbitration agreement,'' until a 1989 case reversed that trend. This article traces the development of the courts' approaches to enforcement of arbitration clauses in the bankruptcy context and highlights the need-despite recent positive rulings-for a clear rule to that effect.