In addition to representing our clients in litigation before ordinary courts and labour courts, we also act for you in arbitration proceedings, either as a representative of your interests or as an arbitrator appointed by you as a party.
Contracting parties have the possibility of withdrawing disputes between them from state jurisdiction by written agreement and instead have them decided by a private arbitration court. Courts of arbitration decide disputes by means of an arbitral award, which is in principle final and binding for the parties. Only in exceptional cases does the German Code on civil procedure (= ZPO) provide for the verifiability of an arbitral award by judgment of a Higher Regional Court. This may be the case if there is no effective arbitration agreement between the parties or if the German ordre public has been violated in arbitration proceedings conducted.
Even more than ordinary court proceedings, arbitration proceedings live from the principle of party rule. Thus, the parties can agree on how many arbitrators are to decide in the arbitration proceedings and how the composition of the arbitral tribunal is to be determined. They can agree where the arbitration proceedings will take place, which rules of procedure and which substantive law will be applied to the arbitration and in which language the arbitration proceedings will be conducted. This list could be supplemented almost without end and already shows how important representation by attorneys experienced in this field is.
Arbitration proceedings can be roughly divided into two types, namely institutional arbitration proceedings in which a certain arbitration organization (e.g. the German Institution of Arbitration – DIS or the International Chamber of Commerce – ICC) has a position administering the proceedings. On the other hand, there are ad-hoc arbitration proceedings in which these tasks are either performed by the arbitral tribunal itself or delegated by it.
A major advantage of arbitration proceedings is the non-public execution of the proceedings, which enables the parties to settle conflicts away from the media but also unobserved by competitors. Like the judgments of state courts, arbitral awards can be enforced against the losing party. This applies not only to domestic arbitral awards, but also to foreign arbitral awards which can be enforced in Germany after recognition.
In the course of our many years of practice, we have repeatedly acted for clients in all types of arbitration proceedings. You can make use of this expertise in various ways. On the one hand, we can help you to agree on an effective arbitration clause with your contractual partner within the scope of contract drafting. On the other hand, we can also examine the arbitration clauses contained in existing contracts for their effectiveness.
We are at your side as party representatives in all stages of arbitration proceedings, both in the effective initiation of proceedings, the selection and appointment of arbitrators, the conduct of the arbitration proceedings and, after their conclusion, the enforcement of the arbitral award issued.
Of course, we are also at your disposal as arbitrators, whether as the arbitrator appointed and delegated by you as sole arbitrator or as chairman of an arbitral tribunal.
If an arbitral award has already been handed down in arbitration proceedings in which you were involved, we will review its validity under German law and, if necessary, challenge it in the ordinary courts. In addition, we will gladly assist you in the recognition and enforcement of foreign arbitral awards in Germany or represent you in proceedings to prevent their recognition.
If you want or have to conduct arbitration proceedings, please contact us with any questions arising in this context without obligation.