German Court considers arbitration agreement incapable of being performed if insolvency administrator lacks assets to pay arbitration costs | Practical Law

German Court considers arbitration agreement incapable of being performed if insolvency administrator lacks assets to pay arbitration costs | Practical Law

In Docket No 18 W 32/13, the Higher Regional Court of Cologne considered whether an insolvency administrator could initiate court proceedings where there were no assets to pay the costs of an arbitration.

German Court considers arbitration agreement incapable of being performed if insolvency administrator lacks assets to pay arbitration costs

by Stephan Wilske (Partner) and Claudia Krapfl (Associated Partner), Gleiss Lutz
Published on 04 Dec 2013 • Germany
In Docket No 18 W 32/13, the Higher Regional Court of Cologne considered whether an insolvency administrator could initiate court proceedings where there were no assets to pay the costs of an arbitration.