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15 - Commercial Arbitration in Germany

from Part IV - Judicial Control of Arbitral Awards

Published online by Cambridge University Press:  08 October 2020

By
Joseph Schwartz
Edited by
Larry A. DiMatteo ,
Marta Infantino  and
Nathalie M-P Potin
Larry A. DiMatteo
Affiliation:
University of Florida
Marta Infantino
Affiliation:
University of Trieste
Nathalie M-P Potin
Affiliation:
Lyon Catholic University
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Summary

Subject to minor modifications, Germany has adopted an almost verbatim version of the UNCITRAL Model Law on International Commercial Law (Model Law) and is a signatory country to the New York Convention. This means that domestic discussions regarding the relevant and recurring topics, such as the arbitrator’s potential bias and misconduct, the interpretation of arbitration clauses, and arbitrability and the enforcement of arbitral awards generally follow the international standard. Since the adoption of the Model Law in 1998, Germany has been regarded as an arbitration-friendly country and has increasingly attracted international arbitration cases.

Keywords

German arbitration lawGerman Arbitration Institute2018 DIS Arbitration RulesIBA rules on the Conflict of Interestvacating arbitral awardsenforcement of arbitral awards
Type
Chapter
Information
The Cambridge Handbook of Judicial Control of Arbitral Awards , pp. 243 - 256
Publisher: Cambridge University Press
Print publication year: 2020

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