Tag: Terms of Reference

Arbitrator’s Nightmare: When Procedural Orders Backfire – Flex-n-Gate v. GEA

It must be an arbitrator’s nightmare: Imagine a high-stake arbitration that goes on for years, the entire distance, including witness hearings and expert evidence, only for the final award to be set aside on procedural grounds. And this is exactly what the Frankfurt Court of Appeals (Oberlandesgericht) Frankfurt did in a judgment in February 2011, which has now become full and final. For a detailed discussion the case, see my post at the Kluwer Arbitration Blog.