Admissibility, Arbitral Award, Domestic Courts, Enforcement, Germany, Interim Ruling on Jurisdiction, Parallel Proceedings, Set aside an arbitral award
The German Federal Supreme Court (Bundesgerichtshof) Blurs the Lines of the Proceedings to Set Aside Arbitral Awards in Germany – The Implications in other Model Law Jurisdictions
The situation that the Bundesgerichtshof was recently faced with in a case is not uncommon: whilst a state court still reviews an arbitral tribunal’s preliminary ruling on its competence, the arbitral tribunal delivers its final award on the merits. This raises one question: What are the implications for the pending challenge to jurisdiction? In previous…