NEWSLETTER-2020-metin

232 NEWSLETTER 2020 when one of the parties is subject to bankruptcy or insolvency on the grounds that the claim is now interlinked with the amount of the bank- rupt’s estate? The NewYork Convention is silent on insolvency related matters. The New York Convention, however, casts a duty on all contracting states to recognize and enforce arbitration agreements and arbitral awards. The New York Convention was drafted by sovereign states with the aim to respect the fundamental principle of party autonomy. Does “ this autonomy go deep; deep enough to render the judgment of a party appointed sole arbitrator to have greater international force than nine unanimous justices of the US Supreme Court? ” 7 . We have to wait and see whether the sovereign states are willing to answer ‘yes’ to that question. 7 For ICSID Review Foreign Investment Law Journal, Volume 25, Issue 2, Fall 2010, p. 340, please refer to Madaan, Ishaan: Insolvency and International Ar- bitration: An Alternate Perspective, Kluwer Arbitration Blog, 2020.