Ensuring a Predictable Arbitration Framework – The German Courts’ Take on Three Key Provisions of German Arbitration Law - b-Arbitra | Belgian Review of Arbitration View Ensuring a Predictable Arbitration Framework – The German Courts’ Take on Three Key Provisions of German Arbitration Law by Jan K. Schaefer - b-Arbitra | Belgian Review of Arbitration Ensuring a Predictable Arbitration Framework – The German Courts’ Take on Three Key Provisions of German Arbitration Law Jan K. Schaefer 2019 2

Summary

 

The German courts’ approach to arbitration is often described as arbitration- friendly.1 This article looks at three key provisions of the German arbitration law that are in the author’s view the cornerstones of the predictability of the German arbitration framework to domestic and foreign users alike. Living up to the pitch of “Know the Model Law, know German arbitration law ,” which suggests not only a faithful adoption of the Model Law but also entails the promise that you know the law when you read it, requires an observance of these statutory provisions and their underlying notions. A review of German court decisions shows that the courts in Germany, by and large, have adopted these key messages when applying German arbitration law. This is good news for foreign users, as the chances for negative surprises are minimised and access to German arbitration law is simplified. Any German arbitration law reform should also review any necessity for change through the prism of these key provisions.

b-Arbitra | Belgian Review of Arbitration