Category: Arbitration

2020: German Arbitration Institute’s Centennial

2 January 2020

On the first business day of the New Year, here comes a Save the Date, marking an important milestone for the German dispute resolution community:

On 24 April 2020, the German Arbitration Institute (Deutsche Institution für Schiedsgerichtsbarkeit; DIS) will celebrate its 100th anniversary in Bonn. It was established on 21 April 1920 as the Deutsche Ausschuss für das Schiedsgerichtswesen (DAS).

Today’s modern DIS originates from the 1992 merger of DAS and Deutschen Institut für Schiedsgerichtswesen established in 1974.

The current arbitration rules of DIS came into force on 1 March 2018 – see here for my take on them.

Gender Differences in Dispute Resolution: Science, Experience and Practical Approaches, Munich, 24 January 2020

19 December 2019

by Peter Bert

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Regular readers of this blog may recall that I anaylzed the first set of arbitrator data made available by the ICC at the Kluwer Arbitration Blog back in September 2016. That post contained a chapter with a catchy but slightly misleading headline: “Everything You Always Wanted to Know About Sex (But Only Now Are Able To Ask)”. Later, I reported on the German Arbitration Institute (DIS) gender balance statistics when they first came out in 2017. These posts obviously did not go (much) beyond the numbers. Digging deeper is what the title of this upcoming event promises to do, so I am happy to advertise this half-day conference organized by Arbitral Women and supported by DIS in Munich next month. Klick here for details.

Case of the Week: When is the Right Time for a Court Review of Arbitrator Appointments?

26 November 2019

by Peter Bert

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In arbitral proceedings, the jurisdiction of the state courts is limited (Section 1026 Code of Civil Procedure; Zivilprozessordnung, ZPO). On the one hand, while the arbitral proceedings are ongoing, the courts have powers to assist during the arbitral proceedings by deciding on the appointment and the challenge of arbitrators (Sec 1035 to 1039 ZPO). They can also to step in where the arbitral tribunal lacks jurisdiction and support the taking of evidence (Section 1050 ZPO). On the other hand, the state courts are competent to review the legality of the arbitral proceedings and the award once the proceedings have been concluded (Section 1059 ZPO).

The issue before the Munich Court of Appeals (Oberlandesgericht) earlier this year was whether a dispute between parties to an arbitration about the effectiveness of an arbitrator’s appointment can be decided during the arbitral proceedings on the basis of Sec 1035 para. 4 ZPO, or whether such a decision has to wait until the arbitral proceedings have been concluded and an award has been made.

International Comparative Legal Guide to International Arbitration

30 October 2019

by Peter Bert

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Donata von Enzberg and I have authored the German chapter in the ICLG International Arbitration 2019. The guide covers common issues in international arbitration laws and regulations – including arbitration agreements, governing legislation, choice of law rules, selection of arbitral tribunal, preliminary relief and interim measures – in 52 jurisdictions,

We still have some hard copies to give away – if you are interested, let me know and we will ship a copy to you, while stocks last. Read More