Is the German Federal Court of Justice’s decision of September 27, 2022 (KZB 75/21, “Quarry Decision”) really a landmark ruling and will it negatively impact Germany as a host country for arbitrations? Our third 2023 Lunch DIScussion looked at these and a number of related questions.
The Cartel Panel’s decision at the heart of our discussion seems to settle a long-standing debate about the applicable scope and intensity of state court review of arbitral awards in competition law matters in favor of a full-review approach. Pursuant to the Quarry Decision the general prohibition of a full merits review by state courts (revision au fond) does not apply to competition law matters. The decision does not say whether and to what extent its rationale applies also to other areas of law.
The speakers Stefan Horn of Taylor Wessing Partnerschaftsgesellschaft mbB and Matthias Schrader of Willkie Farr & Gallagher LLP discussed the history, content and potential implications on Germany as a seat of arbitration of the Quarry Decision. The event was moderated by the DIS board member Jan Erik Spangenberg. The DIS thanks the audience for their lively and on-point contributions, both verbally and in the online chat function. The DIS is pleased to see the continued success of our Lunch DIScussions series.