Schiedsverfahren im Scheidungsrecht

Stephanie Gilfrich deals with the arbitrability of divorce disputes under German and US law. A pre- or midnuptial agreement may not include the possibility to arbitrate the divorce itself. A marital agreement may contain an arbitration provision with respect to certain domestic and matrimonial issues. In examining their arbitrability, the author discusses public policy matters, in particular the state's role as »parens patriae.« She also analyzes if the consensual divorce may in the future be subject to an arbitration agreement.