Current challenges in the review of general terms and conditions in commercial transactions were the focus on 9 July 2026, when Nathalie Lendermann, Stefan Leupertz, Peter Wessels and Jörg Kondring – moderated by Deborah Keller – discussed the topic.
The debate focused in particular on developments in the German Federal Court of Justice (BGH) case law, the practical implications for contract drafting, current issues related to arbitration proceedings and potential reform proposals.
There was agreement that the complete abolition of Sections 305 et seq. of the German Civil Code should not be the goal of any potential reforms, but that any changes would need to adequately take into account the needs of commercial transactions. Since case law in this area appears to have reached an impasse and a reversal of course on its own is not to be expected – especially given the dynamics at the BGH – a legislative initiative is needed to change the status quo.
The lively debate impressively demonstrated that the review of general terms and conditions in B2B transactions is far more than a purely doctrinal issue. It affects contract drafting, risk allocation, dispute resolution, and ultimately the attractiveness of Germany as a legal jurisdiction. At the same time, it became clear that many of the issues currently under discussion – ranging from the role of arbitration to possible reform approaches – are by no means conclusively resolved. The numerous contributions and questions from the audience also demonstrated that the topic remains highly relevant and offers numerous points of reference for further discussion.
Karsten Grillitsch