Siegfried Elsing of Herrington & Sutcliffe is widely hailed by his peers as a “very active practitioner in German and international arbitration”. In international arbitration, it is (more) common for the arbitral tribunal and the parties to agree on characteristics arising from other jurisdictions, such as (limited) investigations, cross-examination of witnesses or expert conferences. This may include a reference to the International Bar Association (IBA) rules on taking evidence in international arbitration. Dr. Wolf H. von Bernuth, a partner in the Berlin office of Hausfeld, specializes in national and international litigation and arbitration. His litigation experience includes banking, financial and capital markets litigation, standard proceedings under KapMuG, corporate and post-merger and acquisition litigation, joint venture disputes, directors` and officers` liability, and complex contract litigation, such as in the automotive and energy sectors. He was an expert for the Legal Committee of the Germans. Although the rules on ad hoc arbitration contained in the Code of Civil Procedure do not contain specific provisions on expedited procedures, Figure 4 of the Arbitration Code does. They provide that the final award must be rendered no later than six months after the Case Management Conference (which takes place as soon as possible after the constitution of the arbitral tribunal). In order to expedite the proceedings, each party may file only one written pleading in addition to the Request for Arbitration and the response thereto.

The arbitral tribunal shall hold only one hearing, including for the taking of evidence. “White & Case`s approach is very professional. They analyze each case in detail, go into detail and develop the best legal strategy. The Borris Hennecke Kneisel dispute resolution boutique in Cologne has expertise in alternative dispute resolution, court and arbitration proceedings and often represents parties in disputes in the energy, technology and trade sectors. Christian Borris, Rudolf Hennecke and Sebastian Kneisel are confirmed arbitrators who are regularly appointed in various proceedings. Grounds for contesting an arbitral award include material breaches of formal requirements, such as: that one of the parties to the arbitration agreement was not legally capable, under the laws applicable to it, of entering into such an agreement or that the arbitration agreement is invalid under the law governing the dispute. Other procedural grounds for setting aside an arbitral award are that a party was not properly informed of the appointment of an arbitrator or of the arbitration, or that a party was otherwise unable to present its case in the arbitration. An arbitral award shall also be set aside if it relates to a dispute not mentioned in the arbitration agreement or if the decision of the arbitral tribunal exceeds the limits of the arbitration. Finally, an arbitral award may be set aside if the constitution of the arbitral tribunal or the arbitral proceedings did not comply with the applicable arbitration rules and it is also likely that this affected the award.

Karl Pörnbacher of Hogan Lovells International, a “strong litigator”, is highly recommended by market experts for bringing “clarity and expertise” to complex arbitration proceedings. The DIS Rules provide that the arbitral tribunal shall establish the facts relevant and important for the settlement of the dispute and shall not confine itself to admitting only the evidence presented by the parties. Accordingly, the arbitral tribunal may, on its own initiative, appoint experts, hear witnesses other than those designated by the parties and order a party to produce or make available documents or data. If an arbitrator is legally or de facto unable to perform his or her duties, or fails to perform those functions within a reasonable time for other reasons, his or her term of office shall terminate upon resignation or with the agreement of the parties to the termination dispute. If the arbitrator does not resign, or if the parties cannot agree on termination, either party may seek a court order terminating the appointment of the arbitrator. There are currently 125 bilateral investment treaties (BITs) in force between the Federal Republic of Germany and other countries. This figure includes BITs concluded by 13 EU Member States prior to their accession to the EU (intra-EU BITs). After the Court of Justice of the European Union ruled in the Achmea case that arbitration clauses in intra-EU BITs are incompatible with EU law, 23 EU member states, including Germany, signed an agreement on 5 March 2020 to terminate intra-EU BITs. The German law ratifying this agreement has entered into force.

The arbitration practice of Luther Rechtsanwaltsgesellschaft mbH is an established address for national and international energy companies that are represented in proceedings on topics such as gas price adjustment, post-mergers and acquisitions and facility construction. Investment arbitrage also focuses on investments; Practice Director Richard Happ has many years of experience here. Stephan Bausch, Karl von Hase and Georg Scherpf, Senior Associate, are also key figures in the team. After studying at the universities of Tübingen and Bonn, Klaus Gerstenmaier obtained his doctorate at the University of Göttingen (Dr. jur.). He teaches and publishes regularly, particularly on arbitration law, and is a lecturer in international arbitration at the University of Konstanz. Klaus Gerstenmaier was a German member of the ICC International Court of Arbitration, Paris, he is a member of the Board of Directors of the German Arbitration Institute (DIS), former Chairman of the Litigation. An arbitration agreement does not require a court to grant interim measures of protection before or after the commencement of arbitration proceedings or to provide security at the request of a party. In addition, an arbitral tribunal may issue such interim measures of protection as it deems appropriate in relation to the subject matter of the arbitration.

The arbitral tribunal may require any party to provide adequate security in connection with such a measure. At Schlun & Elseven Lawyers, our lawyers assist clients in institutional arbitration disputes concerning the guidelines of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the Dubai International Financial Centre (DIFC) and others. The arbitral tribunal may decide on its own jurisdiction and, in that context, on the existence or validity of the arbitration agreement. In this respect, an arbitration clause should be treated as an agreement independent of the other provisions of the agreement. If the arbitral tribunal considers itself competent, it shall in principle rule on the objection of one of the parties in an interlocutory decision. In this case, either party may request a judicial decision. During the period during which such a request is pending, the arbitral tribunal may continue the arbitration and render an award. Thanks to her “experienced lawyer”, Anna Masser of Allen & Overy is “definitely a point of contact in the German arbitration market”. Jan Erik Spangenberg of Manner Spangenberg has “an excellent and well-known reputation as a referee”, with a source adding: “He has an excellent reputation in the refereeing arena.” His peers praise Simon Manner for his “strong in-house experience, which makes him very attractive to in-house counsel because he fully understands their approach and needs.” The CMS team has extensive expertise in civil, commercial, energy and transportation litigation, but also handles post-mergers and acquisitions, financial, construction and plant engineering litigation. The Group regularly operates internationally, most recently in Latin America and the Middle East. Nicolas Wiegand, who spends half his time in Hong Kong, is also very familiar with arbitration proceedings relating to Asia; he runs the firm with Thomas Lennarz.

Matthias Schlingmann and Andreas Roquette are experienced in disputes in large construction projects, Klaus Sachs is one of the active arbitrators. Dorothee Ruckteschler left the team in the summer of 2020 to start her own company. Hengeler Mueller`s team is recognized for its expertise in contract and post-M&A arbitration at the national and international levels; One of the advantages is the close collaboration with the company`s team. The client portfolio includes companies from various sectors such as energy, agriculture, pharmaceuticals and consumer goods. Carsten van de Sande is very familiar with technology litigation. Other team members with excellent expertise are Henning Bälz, Markus Meier, Viola Sailer-Coceani, Philipp Hanfland and Maximilian Bülau, who was promoted to partner at the beginning of 2020. 100 years of development of arbitration. Click here for the history of DIS. Dr. Ralf Hafner is a partner in the Munich office of BEITEN BURKHARDT and a member of the Litigation & Dispute Resolution practice group. His area of practice includes litigation and arbitration.

He advises his domestic and international clients in particular on complex international litigation, mainly post-merger and acquisition matters, as well as other corporate, commercial, banking and contractual matters and claims for damages, in particular against executive bodies. He represents his clients in arbitration proceedings. It is common to file either a rather short request for arbitration limited to the minimum requirements or a full-fledged request.