DIS Stuttgart: Recent Case Law from the Federal Court of Justice in Arbitration Matters

2 July 2026, Stuttgart

Among other topics, he examined:

• the effects on the validity of the arbitration agreement of a contractual exclusion of the law governing general terms and conditions;
• the interplay between applications for a declaration of enforceability and applications for annulment, and the possibilities and limitations of remand to the arbitral tribunal under Section 1059(4) of the German Code of Civil Procedure (ZPO);
• fundamental issues regarding the recognition and enforcement of foreign arbitral awards – including the relationship to annulment proceedings in the state of origin, the prohibition on révision au fond, and the standard of review under international public policy;
• the non-recognition of cost awards in "Achmea scenarios" in intra-EU investment arbitration proceedings; and
• issues regarding security for costs in relation to Russia against the backdrop of the Hague Convention and the EU sanctions regime.

This was followed by a lively discussion among arbitration practitioners, Federal Court of Justice (BGH) attorneys, judges and corporate representatives regarding the practical implications of the decisions discussed.

Regional coordinators Dr. Claudia Krapfl and Dr. Roland Kläger extend their sincere thanks to the speaker and all participants, as well as to the host, Menold Bezler, for the relaxed and convivial reception and the successful event.

Roland Kläger
 

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