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Arbitration in Germany: SchiedsVZ Journal SchiedsVZ Journal Promotes Arbitration in Germany

Published online by Cambridge University Press:  06 March 2019

Extract

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Business disputes, especially those with an international context, are often decided by an arbitral tribunal. As of January 1, 1998, the Federal Republic of Germany has adopted the UNCITRAL Model Law for domestic and international arbitrations taking place in Germany. Consequently, German parties have increasingly chosen arbitration as a means of dispute resolution. Moreover, international parties are also discovering Germany as a suitable place for arbitration. The reason for this trend is not only the acceptance of the well-known and arbitration-friendly Model Law. Germany as the designated place of arbitration compares favourably with its international competitors given its very efficient court system that willingly supports arbitral tribunals, if required. Furthermore, a large number of polyglot German lawyers who are well-versed in the laws of foreign jurisdictions are qualified to conduct arbitral proceedings at a high standard for – compared to their Anglo-Saxon competitors – a relatively low price.

Type
Legal Culture
Copyright
Copyright © 2003 by German Law Journal GbR 

References

1 UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (UNCITRAL), UNCITRAL Model Law on International Commercial Arbitration, can be downloaded at: http://www.uncitral.org/en-index.htm (under “Adopted texts”), last visited 31 January 2002; see the German Civil Procedure Act (Zivilprozessordnung - ZPO), §§ 1025-1066 BGBl. I pp. 3224 et seq. (pursuant to Art. 1 Nr. 7 des Gesetzes zur Neuregelung des Schiedsverfahrensrechts), as amended and in force as of 1 January 2002. See, hereto, e.g. Richard H. Kreindler, Das neue deutsche Schiedsverfahrensrecht: Eine ausländische Betrachtung, in: Klaus Peter Berger et al. (eds.), Festschrift für Otto Sandrock (1999), 515 ff.Google Scholar

2 Deutsches Institut für Schiedsgerichtsbarkeit (DIS), http://www.dis-arb.de Google Scholar