Arbitration in Germany
Description
In a country with a broad international reach, the German business community has always been - and remains - among the primary users of arbitration. Thus, when in 1998 Germany adopted with only slight modifications the UNCITRAL Model Law on Commercial Arbitration for both its international and domestic law, the stage was set for what promised to be a great proving ground for the Model Law, as Germany's courts would have to consider many diverse and complex issues arising under the new law - decisions that would benefit courts and practitioners everywhere. Now, this hugely valuable publication provides the first full, detailed commentary in English on the German arbitration law, as well as on the rules of the German Institution of Arbitration (DIS). Thirty-eight leading German lawyers and scholars deal comprehensively with the particular ways in which German law handles all arbitration matters, including the following and much more:
- extent of court intervention;
- right to object;
- form of arbitration agreement;
- interim measures by court;
- appointment of arbitrators;
- form and content of award;
- effect of arbitral award;
- termination of proceedings;
- recourse;
- enforcement of award; and
- legal remedies.
A particularly useful chapter covers the use of the arbitration law in such specific areas of practice as banking, insurance, construction, maritime, and intellectual property.
With its clear, detailed discussion of the many issues that can arise in the course of commercial arbitral proceedings, Arbitration in Germany offers comprehensive guidance to all parties either planning to arbitrate in Germany or which are already involved in arbitral proceedings or arbitration-related court proceedings in Germany. In addition, the book will be an invaluable resource for understanding the Model Law in any of the many jurisdictions that have adopted that law.
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Content
Forewords.
Preface.
List of Contributing Authors.
List of Abbreviations.
Part I. Germany as a Place for International and Domestic Arbitrations - General Overview; K.-H. Böckstiegel, S. Kröll, P. Nacimiento.
Part II. Commentary on the German Arbitration Law (10th Book of the German Code of Civil Procedure). 1. General Provisions; G. Wagner. 2. Arbitration Agreement; R. Trittmann, I. Hanefeld, P. Huber, R. Kreindler, J. Schäfer. 3. Constitution of Arbitral Tribunal; P. Nacimiento, A. Abt. 4. Jurisdiction of Arbitral Tribunal; P. Huber, R. Kreindler, J. Schäfer. 5. Conduct of Arbitral Proceedings; K. Sachs, T. Lörcher. 6. Making of Award and Termination of Proceedings; B. Friedrich, F. von Schlabrendorff, A. Sessler. 7. Recourse against Award; S. Kröll, P. Kraft. 8. Recognition and Enforcement of Awards; S. Kröll. 9. Court Proceedings; H.-P. Schroeder, H. Becker, R. Schartl. 10. Arbitral Tribunals Not Established by Agreement; U. Haas.
Part III. Commentary on the Arbitration Rules of the German Institution of Arbitration (DIS Rules); J. Bredow, I. Mulder, S. Elsing, K.-P. Berger, J. Risse.
Part IV. Selected Areas and Issues of Arbitration in Germany. Ad Hoc Arbitration in Germany; S. Wilske. ICC Arbitration in Germany; D. Kühner. Trade Arbitration in Germany; R. Karstaedt. Maritime Arbitration in Germany; J. Wölper. Construction Arbitration in Germany; C. Benedict. Arbitration of Banking and Finance Disputes in Germany; N. Horn. Arbitration of Insurance Disputes in Germany; H. Labes. Arbitration of Intellectual Property Law Disputes in Germany; E. Schäfer. Arbitration of Corporate Law Disputes in Germany; C. Duve. Investment Arbitration and the Participation of State Parties in Germany; A. Escher, P. Nacimiento, C. Weissenborn. Enforcement of Decisions Declaring Awards Enforceable in Germany; S. Rützel, C. Krapfl.
Annexes: I. Synopsis on the UNCITRAL Model Law and the German Arbitration Law. II. German Arbitration Law prior to 1 January 1998. III. Model Applications. IV . Bilateral Investment Treaties (BITs) concluded by the Federal Republic of Germany (as of 12 February 2007).
V. German Model Treaty on the Encouragement and Reciprocal Protection of Investments (2005).
VI. List of Arbitration Related German Court Decisions published in English. Bibliography. Index.