Arbitration—Germany—Q&A guide

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • Arbitration—Germany—Q&A guide
  • 1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?
  • 2. Do bilateral investment treaties exist with other countries?
  • 3. What are the primary domestic sources of law relating to domestic and foreign arbitral proceedings, and recognition and enforcement of awards?
  • 4. Is your domestic arbitration law based on the UNCITRAL Model Law? What are the major differences between your domestic arbitration law and the UNCITRAL Model Law?
  • 5. What are the mandatory domestic arbitration law provisions on procedure from which parties may not deviate?
  • 6. Is there any rule in your domestic arbitration law that provides the arbitral tribunal with guidance as to which substantive law to apply to the merits of the dispute?
  • 7. What are the most prominent arbitral institutions situated in your jurisdiction?
  • 8. Are there any types of disputes that are not arbitrable?
  • 9. What formal and other requirements exist for an arbitration agreement?
  • More...

Arbitration—Germany—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to arbitration in Germany published as part of the Lexology Getting the Deal Through series by Law Business Research (published: November 2020).

Authors: Gleiss Lutz—Claudia Krapfl; Stephan Wilske

1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?

The New York Convention has been in force in Germany since 28 September 1961. Germany has not made (or withdrawn) any declarations or notifications.

Germany is also a party to the following multilateral conventions:

  1. the Geneva Protocol on Arbitration Clauses of 1923;

  2. the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927;

  3. the European Convention on International Commercial Arbitration of 1961;

  4. the Convention on the Settlement of Investment Disputes between States and Nationals of other States of 1965; and

  5. the Energy Charter Treaty of 1994.

2. Do bilateral investment treaties exist with other countries?

As at November 2020, Germany has 129 bilateral investment treaties (BITs), of which 127 are in force. Most of these BITs offer the possibility for investors to institute arbitral proceedings against the state parties to the

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