Under the CLOUT Partnership between the UNCITRAL Secretariat and the DIS, the DIS contributes suitable cases from the German Arbitration Digest to the Case Law on UNCITRAL Texts (CLOUT) database.
The German Arbitration Digest (GAD) is a joint initiative of the DIS and the DIS40, aimed at making internationally relevant arbitration-related decisions of the German Federal Court of Justice (Bundesgerichtshof) and the Higher Regional Courts (Oberlandesgerichte) available to a global audience.
GAD seeks to make well-reasoned and current arbitration decisions from an UNCITRAL Model Law jurisdiction accessible to the general public and thereby raise the profile of Germany as an arbitration-friendly forum for international disputes. The DIS and DIS40 work towards these goals by providing clear, concise, and accurate summaries of German arbitration case law.
These summaries are prepared by passionate young dispute resolution specialists from the DIS40 community and rigorously reviewed by experienced arbitration practitioners from both the DIS and the DIS40, ensuring the highest level of expertise and insight.
Please note that the summaries provided under German Arbitration Digest are for information purposes only. The German Arbitration Institute (DIS) does not guarantee the accuracy and completeness of the summaries. The summaries do not constitute legal advice.
If you are interested in writing a summary for the GAD project, please email dis40(at)disarb.org. Those who express interest will be added to a list in the order of registration and contacted by email in due course.
Under the CLOUT Partnership between the UNCITRAL Secretariat and the DIS, the DIS contributes suitable cases from the German Arbitration Digest to the Case Law on UNCITRAL Texts (CLOUT) database.
Higher Regional Court of Frankfurt sheds light on the demarcation of jurisdiction between state courts and arbitral tribunals, upholding the German courts’ strict approach to waiving a form requirement
GAD 2024, 10
Keywords: Inadmissibility of arbitration proceedings, conflict of jurisdiction clauses, interpretation of a jurisdiction clause not expressly giving jurisdiction to state courts; requirements for waiver of a formal requirement by implied, form-free agreement
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Case Law Database: Link will follow
In dubio pro arbitration: Highest Regional Court of Bavaria clarifies that expert determination clauses do not render arbitral proceedings inadmissible
GAD 2024, 9
Keywords: Arbitral proceedings, determination of inadmissibility, arbitration clause, expert determination clause, admissibility of arbitral proceedings
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Case Law Database: Link will follow
With reference to the "Achmea Decision" of the European Court of Justice: No declaration of enforceability for cost decisions in arbitral awards based on arbitration agreements that are invalid under EU law
GAD 2024, 8
Keywords: Foreign arbitral award, cost decision, declaration of enforceability, recognition, invalid arbitration agreement, arbitration clause, violation of EU law, Achmea, lack of jurisdiction, objection, good faith, preliminary ruling, application and interpretation of EU law
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Case Law Database: Link will follow
Higher Regional Court of Berlin (KG) confirms inadmissibility of intra-EU arbitration proceedings under the Energy Charter Treaty and broad scope of application of Section 1032(2) German Code of Civil Procedure (ZPO)
GAD 2024, 7
Keywords: Inadmissibility of intra-EU investment arbitration, declaration on the admissibility of arbitration by German courts, scope of application of Section 1032(2) German Code of Civil Procedure (ZPO)
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Case Law Database: Link will follow
German Federal Court of Justice bolsters the principle of "révision au fond", confirming that the allegedly wrongful consideration of evidence does not preclude the recognition of foreign arbitral awards
GAD 2024, 6
Keywords: Foreign arbitral award, declaration of enforceability, right to be heard, public policy, "révision au fond", China, New York Convention, arbitration agreement, grounds for refusal
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Case Law Database: Link will follow
No German anti-anti-suit injunction to protect foreign arbitration proceedings or assets abroad
GAD 2024, 5
Keywords: Anti-anti-suit-injunction, Russian court's anti-suit-injunction, international jurisdiction, access to justice
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Case Law Database: Link will follow
"Signature could not be obtained" – but arbitral award is valid
GAD 2024, 4
Keywords: Form requirements, signature of award, omission of signature, obstructive arbitrator
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Case Law Database: Link will follow
Higher Regional Court of Cologne recognises and declares enforceable Swiss arbitral award based on arbitration agreement concluded under apparent authority
GAD 2024, 3
Keywords: Foreign arbitral awards, Switzerland, recognition and enforcement proceedings, grounds for refusal, New York Convention, arbitration agreement, conflict of laws, unauthorised agents, apparent authority, right to be heard, public policy, international sale of goods, CISG
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Case Law Database: Link will follow
Highest Regional Court of Bavaria confirms restrictive approach of German courts to public policy violations deciding on virtual hearings and contractual penalties
GAD 2024, 2
Keywords: Foreign arbitral award, declaration of enforceability, public policy, révision au fond, wrong decision, contractual penalty, right to be heard, possibility of objection, postponement of hearing, video conference
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Case Law Database: Link will follow
Berlin court confirms binding nature of arbitration agreement in sanctions-related dispute with Russian party
GAD 2024, 1
Keywords: Contract termination, Russian sanctions, Russian Code of Commercial Procedure, declaration of admissibility of arbitral proceedings, anti-suit injunction, Hague Service Convention, public service
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Case Law Database: Link will follow