In November 2012 I posted on the Gea v. Flex-n-Gate decision of the Frankfurt Court of Appeals (Oberlandesgericht) that treated procedural orders as Agreements between the parties and that had been upheld by the Federal Supreme Court (Bundesgerichtshof). The piece was cross-posted at the Kluwer Arbitration Blog, were it sparked some debate. In the most recent issue of the German Arbitration Journal (Zeitschrift für Schiedsverfahren) Gerhard Wagner and Maximilian Bülau discuss the case in detail. Continue reading
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.