The German Arbitration Digest (GAD) is a joint initiative of the DIS and the DIS40, aimed at making internationally relevant arbitration-related decisions of the German Federal Court of Justice (Bundesgerichtshof) and the Higher Regional Courts (Oberlandesgerichte) available to a global audience.
GAD seeks to make well-reasoned and current arbitration decisions from an UNCITRAL Model Law jurisdiction accessible to the general public and thereby raise the profile of Germany as an arbitration-friendly forum for international disputes. The DIS and DIS40 work towards these goals by providing clear, concise, and accurate summaries of German arbitration case law.
These summaries are prepared by passionate young dispute resolution specialists from the DIS40 community and rigorously reviewed by experienced arbitration practitioners from both the DIS and the DIS40, ensuring the highest level of expertise and insight.
Please note that the summaries provided under German Arbitration Digest are for information purposes only. The German Arbitration Institute (DIS) does not guarantee the accuracy and completeness of the summaries. The summaries do not constitute legal advice.
If you are interested in writing a summary for the GAD project, please email dis40(at)disarb.org. Those who express interest will be added to a list in the order of registration and contacted by email in due course.
"Signature could not be obtained" – but arbitral award is valid
GAD 2024, 4
Keywords: Form requirements, signature of award, omission of signature, obstructive arbitrator
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Case Law Database: Link will follow
Higher Regional Court of Cologne recognises and declares enforceable Swiss arbitral award based on arbitration agreement concluded under apparent authority
GAD 2024, 3
Keywords: Foreign arbitral awards, Switzerland, recognition and enforcement proceedings, grounds for refusal, New York Convention, arbitration agreement, conflict of laws, unauthorised agents, apparent authority, right to be heard, public policy, international sale of goods, CISG
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Case Law Database: Link will follow
Highest Regional Court of Bavaria confirms restrictive approach of German courts to public policy violations deciding on virtual hearings and contractual penalties
GAD 2024, 2
Keywords: Foreign arbitral award, declaration of enforceability, public policy, révision au fond, wrong decision, contractual penalty, right to be heard, possibility of objection, postponement of hearing, video conference
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Case Law Database: Link will follow
Berlin court confirms binding nature of arbitration agreement in sanctions-related dispute with Russian party
GAD 2024, 1
Keywords: Contract termination, Russian sanctions, Russian Code of Commercial Procedure, declaration of admissibility of arbitral proceedings, anti-suit injunction, Hague Service Convention, public service
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Case Law Database: Link will follow