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Germany

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In Germany

Watch out arbitrators! Or maybe not?

by and 7 Mins Read

Arbitration proceedings are becoming increasingly complex.[1] Pleadings are getting longer. Written evidence and the taking of evidence in general are becoming more extensive. 100,000 pages of documentary evidence in a single arbitration proceeding? This is no longer uncommon. But does this mean that awards in arbitration must also become increasingly comprehensive? It is a nearly universal principle that, unless otherwise agreed, international arbitral awards must set forth the reasons for the tribunal’s decision.[2] The requirement…

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In Arbitration Agreements

German Supreme Court confirms that Achmea-decision is transferable to arbitration clauses in other BITs

by 9 Mins Read

One year ago, the Higher Regional Court Frankfurt decided that the Achmea-decision[1] by the Court of Justice of the EU (“CJEU“) is transferable to arbitration clauses in other BITs (see Global Arbitration News on 22 April 2021). Factual Background Two banks who provide financial services in the Croatian market (= the investors) had initiated arbitration proceedings against Croatia based on the BIT between Croatia and Austria. Croatia sought a declaration that the arbitration proceedings were…

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In Europe

How long do parties need to wait for an arbitral award in Germany?

by 7 Mins Read

Parties often chose arbitration over state court litigation because arbitral proceedings are more flexible and more efficient. Parties are typically not in the business of “litigating”, but want to resolve their (commercial) disputes in order to continue their business. A dispute is resolved by the decision of the tribunal, i.e. the arbitral award. In order to ensure a timely decision, most arbitral institutions provide for a time limit for the final award (e.g. six months…

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In Applicable Law

German Federal Court of Justice applies CISG to validity of the arbitration agreement

by and 7 Mins Read

The arbitration agreement is a separate agreement from the substantive agreement (= doctrine of separability). As a result, the arbitration agreement can be governed by a different law from substantive agreement. What law governs the arbitration agreement if the parties have not explicitly chosen a law for the arbitration agreement? The answer is a continuing matter of debate.[1] Another matter of debate is whether the CISG can govern the arbitration agreement. The matter arises –…

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