Financial capacity of the parties : a condition for the validity of arbitration agreement?
Author(s)
Bibliographic Information
Financial capacity of the parties : a condition for the validity of arbitration agreement?
（Schriftenreihe der August Maria Berges Stiftung für Arbitrales Recht, Bd. 16）
P. Lang, c2004
- : US
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Note
"Based on a conference organized by the German Institution of Arbitration (DIS) on 29th November 2002 in Berlin"--T.p.
Includes bibliographical references
Contents of Works
- Poor parties and German forum : placing arbitration under the sword of Damocles / Gerhard Wagner
- Impecuniosity of parties and its effect on arbitration : from the perspective of Austrian law/ Andreas Reiner
- Impecuniosity of parties and its effect on arbitration : a French view / Emmanuel Gaillard
- Insolvency in arbitration : Swiss law / Laurent Lévy
- Impecuniosity of the parties and its effect on arbitration : an English perspective / Robert Hunter
- No money, no arbitration? : the United States perspective on impecuniousness and arbitration agreements / D. Brian King
- Bank-related instruments to secure the right to arbitration despite the impecuniousness of a party / Stefan Kröll
- Are there means - contractual or otherwise - to guard against an adverse impact of financial incapacity on arbitration? : insurance-related instruments / Hubertus Labes
Description and Table of Contents
Description
The German Federal Court of Justice ruled in 2000 that an arbitration agreement is eo ipso incapable of being performed if the parties to the arbitration agreement are not able to meet the procedural costs for the proceedings. The book discusses in detail the implications of this case law on arbitration in Germany. Furthermore, eminent lawyers from Austria, France, Switzerland, the United Kingdom and the United States set out the practical implications of impecuniosity and insolvency of parties on the arbitral process under their respective legal systems. Possible practical instruments in the banking and insurance sectors to overcome the detrimental effects of impecuniosity are discussed. The contributions are based on a conference organized by DIS in November 2002 in Berlin.
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