The Impact of Party Impecuniosity on Arbitration Agreements: The Example of France and Germany - Journal of International Arbitration View The Impact of Party Impecuniosity on Arbitration Agreements: The Example of France and Germany by - Journal of International Arbitration The Impact of Party Impecuniosity on Arbitration Agreements: The Example of France and Germany 31 6

The impact of party impecuniosity on arbitration agreements is dealt with quite conversely in France and in Germany: whereas the French concept consists in saving the arbitration agreement to the best possible extent, the German approach is to consider that impecuniosity leads to a situation in which the arbitration agreement becomes incapable of being performed. The present article identifies the pros and cons of both concepts and makes some suggestions on how best to circumvent a number of problems in practice.

Journal of International Arbitration