German Court on Validity of Arbitration Clause: Partial Invalidity of Arbitration Clause; Notarization Requirement for Institutional Arbitration Rules
By Karl Pörnbacher and Lars Pütz, Hogan Lovells LLP An arbitral tribunal’s preliminary ruling on its jurisdiction can be challenged by application for state court decision according to Sec. 1040 (3) German Code of Civil Procedure, following the example of Art. 16 of the UNCITRAL Model Law. Such a case has been decided by the…