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Arbitration Arbitration Awards Germany

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Mayer Brown

Germany’s Highest Court Upholds Validity of Arbitration Agreement which Excludes German T&C Law

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In an important decision this year (I ZB 48/24), the German Federal Court of Justice confirmed that parties can agree to exclude the application of German law on general terms and conditions in their arbitration agreements...more

A&O Shearman

The planned modernization of German arbitration law brings a few specific improvements

A&O Shearman on

The plans to modernize German arbitration law have moved forward in the form of the government bill (Regierungsentwurf) submitted to the German Parliament (Bundestag) on October 9, 2024 (available here). The Bundestag is due...more

WilmerHale

Draft Bill for the Modernization of German Arbitration Law

WilmerHale on

Germany is in the process of renewing its arbitration law, which in its current version dates from 1997. In April 2023, the German Federal Ministry of Justice (the “Ministry”) published a Key Issues Paper, identifying...more

A&O Shearman

What are the benefits of the planned modernisation of German Arbitration law for practitioners and users?

A&O Shearman on

German arbitration law is to be reformed to current needs and thus intended to be made more attractive overall. To this end, the German Federal Ministry of Justice on 1 February 2024 published a draft bill for an act to...more

A&O Shearman

Can arbitrators rely on their own internet research in an award?

A&O Shearman on

The risk of annulment is different for arbitrations seated in Germany, England and France. Just ask Google. Whatever the question, our first port of call is to check the internet. But are arbitrators permitted to go...more

White & Case LLP

Dissenting Opinion as violation of public policy? The recent annulment decision of the Higher Regional Court of Frankfurt in...

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In a recently published annulment decision, the Higher Regional Court of Frankfurt (docket no. 26 Sch 14/18) by way of obiter dictum expressed its views on dissenting opinions in domestic arbitration proceedings. Although the...more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

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With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

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