International Arbitration in Germany

This handbook deals with arbitration cases in Germany or cases governed by German law, both ad-hoc and institutional.

The handbook covers the following issues:

• Introduction
• Legal framework for international arbitration in Germany
• Considering arbitration for disputes in Germany (Advantages of international arbitration; German institutional vs. ad-hoc arbitration; preparing for dispute in Germany)
• The arbitration agreement (Formation, scope, effect, amendment, and termination of the arbitration agreement)
• The arbitral tribunal (Jurisdiction; party autonomy; constitution of arbitral tribunal; contractual relationship between the arbitrators; rights of arbitrators; challenge of arbitrators; replacement of arbitrators)
• The arbitral procedure (The governing laws; place of arbitration and location of hearings; language of the arbitral proceedings; commencement of the arbitral proceedings; pleadings; oral hearing; default of a party; interim measures; state court assistance of arbitration; termination of arbitral proceedings)
• The arbitral award (Applicable substantive law; the making of the award; content and form; delivery; types of awards; legal effect; publication; correction, and interpretation of award)
• Settlement (Private settlement without award; award on agreed Terms)

Dr Gerhard Wegen is a partner with Gleiss Lutz in Stuttgart, and professor of law at the University of Tübingen. He has an outstanding track record advising international clients in all aspects of cross-border M&A projects. He is also one of Germany's leading arbitration lawyers as well as an arbitrator. Dr Marcel Barth is managing partner of the Hanover branch of Price Waterhouse Coopers; he is an experienced German arbitration lawyer acting as counsel and as arbitrator.