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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 29 th November 2002 in Berlin


Deutsche Institution für

Contents: Karl-Heinz Böckstiegel: Preface – Gerhard Wagner: Poor Parties and German Forum: Placing Arbitration under the Sword of Damocles – Andreas Reiner: Impecuniosity of Parties and its Effect on Arbitration - From the Perspective of Austrian Law – Emmanuel Gaillard: Impecuniosity of Parties and its Effect on Arbitration - A French View – Laurent Lévy: Insolvency in Arbitration - Swiss Law – Robert Hunter: Impecuniosity of the Parties and its Effect on Arbitration - An English Perspective – D. Brian King: No Money, No Arbitration? The United States Perspective on Impecuniousness and Arbitration Agreements – Stefan Kröll: Bank-related Instruments to Secure the Right to Arbitration despite the Impecuniousness of a Party – Hubertus Labes: Are there means - contractual or otherwise - to guard against an adverse impact of financial incapacity on arbitration? Insurance-related Instruments – Marc-Oliver Heidkamp/Jens Wenzel: Summary of the Discussion.