La etapa preconcursal y su eventual incompatibilidad con el convenio arbitral

Can a dispute covered by an arbitration agreement be submitted to the jurisdiction of Indecopi through bankruptcy proceedings before the arbitration is initiated? Although the law is silent on the matter, the negative effect of the arbitration agreement would imply that the parties exclude themselves from the jurisdiction of judges and administrative entities. Thus, the parties would not be able to initiate an insolvency proceeding if the arbitration agreement covers the claim and what is being discussed in such proceeding and, in addition, the matter is arbitrable. We will review the legal nature of the arbitration agreement and its effects from an objective and a subjective point of view to underpin the reasons why we consider that initiating an insolvency proceeding prior to arbitration is a breach of the arbitration agreement and what measures can the parties adopt to remedy such breach.