A recent decision of the German Federal Court of Justice (BGH) is sparking debate in the arbitration community. Under its order of 30 July 2026 (I ZB 6/26), a party to setting-aside or enforcement proceedings may serve a third-party notice (Streitverkündung) on an arbitrator if it believes it has recourse claims against them. Supporters see this as a contribution to arbitrator accountability. Critics see a tactical lever that losing parties can use to prevent remission to the same tribunal or to jeopardise ongoing proceedings. Arbitrators would then be left to choose between joining the proceedings, which renders them biased, and forgoing their defence.
In light of this decision, the panel moderated by Felix Dörfelt (Addleshaw Goddard) will explore arbitrator liability and third-party notices to arbitrators through a cross-jurisdictional lens. Comparing the approaches taken in Germany (Anna Masser, manner | masser), Switzerland (Felix Dasser, Homburger) and France (Ioana Knoll-Tudor, Addleshaw Goddard), the discussion will consider the practical and strategic implications for arbitrators and parties alike, including how these issues may shape conduct, risk assessment and decision-making in arbitration.
Lunch DIScussions: DIS Event Serie 2026 - online
Arbitrators on Notice? BGH I ZB 6/26 and Its Procedural and Strategic Implications: A Cross-Border View
Date: 12 November 2026, 1.00 - 2.00 pm
The event will be held in the form of a video-conference
For further information, please refer to the programme.
Registration
Please register by 10 November 2026 via the link below. By registering you accept the DIS General Terms and Conditions for Conferences and Workshops. Registered participants will receive the access details by email prior to the event.