Financial Capacity of the Parties : A Condition for the Validity of Arbitration Agreements? Based on a Conference Organized by the German Institution of Arbitration (DIS) on 29th November 2002 in Berlin
Book Details
Format
Hardback or Cased Book
ISBN-10
3631512414
ISBN-13
9783631512418
Publisher
Peter Lang GmbH
Imprint
Peter Lang GmbH
Country of Manufacture
DE
Country of Publication
GB
Publication Date
Nov 30th, 2004
Print length
184 Pages
Weight
400 grams
Dimensions
15.90 x 24.80 x 1.70 cms
Ksh 7,550.00
Manufactured on Demand
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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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