Commercial Arbitration in Germany

Commercial Arbitration ◽

Practical Guidance ◽

This book provides a detailed commentary on and analysis of German arbitration law and practice. This title covers both domestic and international arbitration in all its stages. The work details the legal framework for German-related arbitration and provides practical guidance on the appropriate choices, with a specific focus on particularities of German law and practice. The book navigates along the life cycle of an arbitration, commencing with the arbitration agreement, continuing with the arbitral tribunal, the arbitral proceedings and interim relief, and concluding with the arbitral award including its recognition and enforcement. At each stage, the work combines exhaustive legal analysis, clear and concise presentation, and a practical and accessible approach. Arbitration in Germany continues to grow as the country builds on its reputation as a suitable venue for international arbitration. This trend is reflected in the increasing relevance of the German Institution of Arbitration (DIS), which currently has more than 1,150 members domestically and overseas, including numerous major trade organizations and chambers of commerce, leading German companies, judges, lawyers and academics. The number of arbitration cases under the DIS Rules has more than doubled since 2005 while statistics of the International Chamber of Commerce (ICC) show that Germany is the fifth most frequently chosen place of arbitration and German law is the fourth most frequently chosen law. Even where the place of arbitration is outside Germany, German arbitration law plays an increasingly important role for the recognition and enforcement of awards. This particular significance is highlighted by Germany's strong export-oriented economy and is mirrored in the fact that German parties are the second most frequently encountered nationality among parties in ICC arbitrations worldwide.

Part 1 Fundaments of Arbitration in Brazil, 2 Comments of the Brazilian Arbitration Law

International Arbitration: Law and Practice in Brazil ◽

10.1093/law/9780198840114.003.0002 ◽

2020 ◽

Author(s):

Sester Peter

Keyword(s):

New York ◽

Commercial Arbitration ◽

Model Law ◽

New York Convention ◽

Definition Of

This chapter examines the Brazilian Arbitration Law (BAL) of 1996. The BAL is a standalone act encompassing roughly 40 articles. It is divided into eight chapters and is applicable to both domestic and international arbitration, except for Chapter VI (The Recognition and Enforcement of Foreign Awards), which is modelled on the New York Convention (NYC). Hence, the BAL legislator adopted a monistic approach. Consequently, the BAL contains no definition of domestic or international arbitration, but only defines the term foreign award. According to article 34, sole paragraph BAL, an award is considered a foreign award if it was rendered outside the territory of Brazil. The present translation of the BAL builds on the terminology of the UNCITRAL Model Law on Commercial Arbitration and the NYC because both documents inspired the authors of the BAL and are cornerstones of international arbitration. This chapter of the book then provides comments on the BAL article by article.

Part III Arbitral Rules, 16 Rules of Arbitration of the International Chamber of Commerce (ICC)

Practitioner's Handbook on International Commercial Arbitration ◽

10.1093/law/9780198784807.003.0016 ◽

2019 ◽

Cited By ~ 1

Author(s):

Baumann Antje

Keyword(s):

Dispute Resolution ◽

Arbitral Tribunal ◽

Commercial Arbitration ◽

International Commercial Arbitration ◽

Time Limits ◽

Chamber Of Commerce ◽

International Court ◽

Arbitral Proceedings ◽

Number Of Parties ◽

This chapter discusses the arbitration rules of the International Chamber of Commerce (ICC). It begins with a background on the ICC International Court of Arbitration, with emphasis on its role in the development of international commercial arbitration. It then examines the 2017 ICC Arbitration Rules, citing some relevant figures related to ICC arbitration for the year 2017, including the number of parties involved in cases, the arbitral tribunals, and awards rendered by arbitral tribunals. Figures on other ICC dispute resolution rules are also given. The chapter concludes with a commentary of Articles 1–42 of the ICC Arbitration Rules, which cover topics such as definitions; time limits for written notifications or communications; request for arbitration and the respondent’s counterclaims to such a request; effect of the arbitration agreement; constitution of the arbitral tribunal; appointment, confirmation, challenge, and replacement of arbitrators; and rules of law applicable to the arbitral proceedings.

15 Costs: (SIAC RULES 34 TO 37)

10.1093/law/9780198810650.003.0015 ◽

2018 ◽

Author(s):

Choong John

Keyword(s):

Hong Kong ◽

Arbitral Tribunal ◽

Part C ◽

Chamber Of Commerce ◽

Key Features ◽

The Cost ◽

This chapter discusses Singapore International Arbitration Centre (SIAC) Rules 34 to 37. Parties negotiating a contract have to decide whether to agree to have disputes determined by municipal courts or through arbitration. Cost can be a major factor in that decision. Part A of this chapter begins with a look at the cost of arbitrating a dispute in comparison to having a dispute determined by litigation. There follows an analysis of the key features of the assessment of costs in SIAC arbitration in Part B. In Part C, the SIAC costs of arbitration are compared to the costs payable by parties in disputes administered by two of SIAC's regional competitors, the International Chamber of Commerce and Hong Kong International Arbitration Centre. Finally, Rules 34 to 37 of the SIAC Rules (2016), which govern the calculation and apportionment of the fees and expenses of an arbitral tribunal, the SIAC Secretariat, and individual party costs, are each considered in turn in parts D to G.

Part 2 Determining the Applicable Attorney–Client Privilege Standard, 8 Applicable Privilege Standard in International Commercial Arbitration

10.1093/law/9780198795865.003.0008 ◽

2017 ◽

Author(s):

Möckesch Annabelle

Keyword(s):

New York ◽

Legal Framework ◽

Equal Treatment ◽

Common Denominator ◽

Commercial Arbitration ◽

International Commercial Arbitration ◽

Mandatory Rules ◽

New York Convention

This chapter contains an analysis of the most appropriate way to determine the applicable attorney–client privilege standard in international commercial arbitration. To this end, this chapter deals with the characterization of privilege as substantive or procedural, the legal framework for attorney–client privilege in international commercial arbitration, international mandatory rules of law, and the enforcement regime under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Against this background, the chapter includes an analysis of the possible approaches to determining the privilege standard. These include the application of general principles of law, the application of a single national law determined through a choice-of-law approach such as the closest connection test, the cumulative application of several national laws, and the creation of an autonomous standard defining the scope of attorney–client privilege. Lastly, the chapter examines whether corrective measures, such as the lowest common denominator approach or the most protective rule, are needed to ensure equal treatment of the parties and fairness of the proceedings. This chapter concludes with key findings on how to determine the applicable attorney–client privilege standard in international commercial arbitration.

Attorney-Client Privilege in International Arbitration

10.1093/law/9780198795865.001.0001 ◽

2017 ◽

Author(s):

Möckesch Annabelle

Keyword(s):

Civil Law ◽

Academic Research ◽

Legal Framework ◽

Arbitral Tribunal ◽

Conflict Of Laws

Attorney–client privilege is often invoked as a defence in international arbitration proceedings. Nevertheless, the participants often have very different expectations regarding the applicable privilege standard, as national attorney–client privilege laws vary widely between jurisdictions. This is complicated by the fact that institutional arbitration rules do not include provisions on the scope of attorney–client privilege, nor do they contain conflict-of-laws rules to determine the applicable national privilege standard. The determination of the applicable level of protection is rather left to the discretion of the arbitral tribunal. Drawing on interviews with more than thirty leading international arbitration practitioners and extensive academic research, this book provides guidance to arbitral tribunals regarding the determination of the applicable attorney–client privilege standard. It compares attorney–client privilege in key common and civil law jurisdictions, analyses precedent from previous tribunals, and finally sets out proposed changes to the legal framework governing this area.

6 Conduct of the Proceedings

10.1093/law/9780198714248.003.0006 ◽

2015 ◽

Author(s):

Blackaby Nigel ◽

Partasides Constantine ◽

Redfern Alan ◽

Hunter Martin

Keyword(s):

Public Policy ◽

Arbitral Tribunal ◽

Legal Regime ◽

Mandatory Rules ◽

The Law ◽

Arbitral Proceedings ◽

Do So

This chapter outlines the conduct of the tribunal and the parties during arbitration proceedings. In general, an arbitral tribunal must conduct the arbitration in accordance with the procedure agreed by the parties. If it fails to do so, the award may be set aside, or refused recognition and enforcement. However, the freedom of the parties to dictate the procedure to be followed in an international arbitration is not unrestricted. The procedure must comply with any mandatory rules and public policy requirements of the law of the juridical seat of the arbitration. It must also take into account the provisions of the international rules on arbitration, such as those of the ICC, which aim to ensure that arbitral proceedings are conducted fairly. Accordingly, a balance must be struck between the parties’ wishes concerning the procedure to be followed and any overriding requirements of the legal regime that governs the arbitration.

Part IV International Treaties, 20 UNCITRAL Model Law on International Commercial Arbitration

Practitioner's Handbook on International Commercial Arbitration ◽

10.1093/law/9780198784807.003.0020 ◽

2019 ◽

Author(s):

Roth Marianne

Keyword(s):

United Nations ◽

Arbitral Tribunal ◽

International Treaties ◽

Commercial Arbitration ◽

National Legislation ◽

International Commercial Arbitration ◽

Trade Law ◽

International Trade Law ◽

Model Law

This chapter provides an overview of the Model Law on International Commercial Arbitration (Model Law) of the United Nations Commission on International Trade Law (UNCITRAL). The UNCITRAL Model Law is considered one of the most important texts in international commercial arbitration and serves as a basis for harmonizing national legislation in this field. The chapter examines the drafting process for the UNCITRAL Model Law as well as the underlying objectives and principles of the Model Law, its structure (nine chapters and thirty-six articles), and its adoption by various states. It concludes with a commentary on the UNCITRAL Model Law, which covers topics ranging from basic definitions and general provisions to the arbitration agreement, the composition of the arbitral tribunal, the jurisdiction of the arbitral tribunal, the conduct of arbitral proceedings, the making of the arbitral award and recourse against the award, and the recognition and enforcement of foreign awards.

Procedural Aspects Regarding International Arbitration

Studia Universitatis „Vasile Goldis” Arad – Economics Series ◽

10.1515/sues-2015-0008 ◽

2015 ◽

Vol 25 (2) ◽

pp. 1-9

Author(s):

Remus Daniel Berlingher ◽

Daniela Cristina Cret

Keyword(s):

International Law ◽

Civil Procedure ◽

Private International Law ◽

Arbitral Tribunal ◽

Economic Changes ◽

Recognition And Enforcement

Abstract Socio-economic changes have led to significant changes with regard to the institutions regulated by the 1865 Code of Civil Procedure and other laws, such as Law no. 105/1992 on the regulation of private international law. Among the institutions that have undergone these reconfigurations in the regulation of the Code of Civil Procedure, which entered into force in 2013, one that stands out is arbitration. Our study will analyze the main aspects of private international law arbitration: arbitration agreement, the arbitral tribunal, the proceedings in the matter, as well as the recognition and enforcement of foreign arbitral awards

The Role of Asian International Arbitration Centre (AIAC) as a regional Hub for Oil and Gas Sector

International Journal of Engineering & Technology ◽

10.14419/ijet.v7i3.21.17185 ◽

2018 ◽

Vol 7 (3.21) ◽

pp. 345

Author(s):

Wan M. Zulhafiz ◽

. . ◽

. .

Keyword(s):

Alternative Dispute Resolution ◽

Dispute Settlement ◽

Oil And Gas ◽

Legal Framework ◽

Kuala Lumpur ◽

Commercial Arbitration ◽

Set Up ◽

Oil And Gas Sector

Hydrocarbons projects involve multiple parties, including sovereign states and corporations, to operate expensive, complex and high-risk activities. Alternative dispute resolution (ADR) is often preferred more by the parties than litigation to ensure the smooth running of the projects. ADR refers to all mechanisms of dispute settlement other than litigation such as negotiation, mediation, adjudication, and arbitration. The Asian International Arbitration Centre (AIAC) or formerly known as the Kuala Lumpur Regional Centre for Arbitration (KLRCA) is the main institution that administers and resolves all commercial arbitration disputes in Malaysia. This research argues that, due to the technicalities and complexity of operations in the oil and gas sector, there is a need to set up a special arbitration centre for oil and gas under the AIAC to handle and resolve the industrial disputes. Furthermore, by establishing the centre, it can help to promote the AIAC as the choice of arbitration hub, especially within the Organization of the Petroleum Exporting Countries (OPEC). In doing so, it is necessary to pass a special legal framework to enable the establishment of the centre. It may function as a roadmap by the key players of the oil and gas sector to recourse in resolving disputes. The methodology employed by this research is carried out in a prescriptive, comparative and analytic manner.

The Role of Emergency Arbitrator in Commercial Arbitration (Comparative Study)

Journal of Politics and Law ◽

10.5539/jpl.v11n4p94 ◽

2018 ◽

Vol 11 (4) ◽

pp. 94

Author(s):

Bassam Mustafa Tubishat ◽

Khaldon Fawzi Qandah

Keyword(s):

Comparative Study ◽

Arbitral Tribunal ◽

Legal Systems ◽

Commercial Arbitration ◽

Chamber Of Commerce ◽

This study dealt with the arbitrator of emergency in commercial arbitration and this development is the most innovative in the rules of commercial arbitration of the International Chamber of Commerce in Paris in 1912, where a new trend was adopted with regard to interim and urgent measures before the final form of the arbitral tribunal. The International Chamber of Commerce has already adopted the rules of this system before the Arbitration Institute of the Stockholm Chamber of Commerce. The emergence of new systems in commercial arbitration needs to be examined in order to understand, interpret and check its suitability to the needs of the parties to the dispute in the framework of commercial arbitration. Among the most important new systems are the rules of emergency arbitrator, which have been taken by many commercial arbitration centers because of the advantages of one or both parties when it needs urgent and incidental measures that cannot wait until the formation of the arbitral tribunal. Therefore, the appointment of an emergency arbitrator may be requested for such measures. Many of the centers have organized such rules as Stockholm Rules of Arbitration in Sweden and ICC in Paris and others. The study concluded with a set of results, the most important of which was that the emergency arbitrator is one of the modern rules that serve commercial arbitration, which began by relying on Western legal systems not Arab laws.