SchiedsVZ

Due process, German Federal Constitutional Court, Germany, SchiedsVZ

(University of Konstanz)/ /Leave a comment

The analysis of the decision of the Federal Constitutional Court (Bundesverfassungsgericht – the “Court”) dated 3 June 2022 (1 BvR 2103/16) in the Pechstein case (the “Pechstein Decision”, also covered in a previous post) shows constitutional limits to arbitration agreements that are externally determined, i.e., agreements whose content can be de facto determined unilaterally by…

DIS, Germany, SchiedsVZ, Third Party, Third-party notice

(Borris Hennecke Kneisel), (Gleiss Lutz), (Hengeler Mueller), and (University of Marburg)/ /Leave a comment

Since March 15, 2024, the German Arbitration Institute (DIS) offers a one-of-its kind solution to make third-party notices work also in arbitration: The Supplementary Rules for Third-Party Notices (DIS-TPNR). The DIS-TPNR are the work product of a DIS working group which was established in 2021. The authors of this post have had a leading role…

Arbitration Agreement, Italy, SchiedsVZ

(University of Würzburg)/ /Leave a comment

Assuring a speedy resolution of potential disputes is a very important concern for most parties entering into arbitration agreements. One means to ensure a speedy arbitration can be a fixed deadline for the arbitral tribunal’s decision. With a focus on Italian law –under which Article 820(2) of the Code of Civil Procedure fixes a 240-day…

Amicable Settlement, Germany, SchiedsVZ, Singapore

(dahm adr)/ /Leave a comment

There is a debate about whether courts and arbitral tribunals should be involved in the amicable resolution of disputes. Different jurisdictions deal with this issue in different ways. This post considers the approaches taken by courts and tribunals in Germany, England and Wales, and Singapore to examine whether courts or tribunals in these jurisdictions, on…

English Law, Germany, SchiedsVZ, Switzerland

(CMS Hasche Sigle) and (GE Power Conversion)/ /Leave a comment

Large cases with detailed, extensive submissions and hundreds, if not thousands, of annexes, often lead to a degree of complexity that is hardly digestible. The handling of such cases, most prominently of delay and disruption claims, therefore poses a challenge to practitioners, experts and arbitrators. Common law jurisdictions have developed a specific way to deal…

Arbitration Agreement, German Federal Supreme Court, German law, Germany, SchiedsVZ

, , (WAGNER Arbitration)/ /Leave a comment

Can an arbitration agreement be binding on a party that did not sign it? Generally, an arbitration agreement only binds its signatories. This is a transnational principle, also anchored in the German Constitution. There are, however, widely accepted exceptions. This article examines the extension of arbitration agreements to third parties under the requirements of Sec. 25(1)…