Germany - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s):

Ragnar Harbst

Heiko Plassmeier

Jürgen Mark

Page Count:

30 pages

Media Description:

PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"

Published:

March, 2012

Jurisdictions:

Germany

Practice Areas:

Compensation of Arbitrators,

Designation of Arbitrators,

Enforceability of Arbitration Agreements

Author Detail:

Ragnar Harbst is a Partner in Baker & McKenzie's Frankfurt office. He has acted
in numerous international arbitration proceedings, both as party representative and
as arbitrator. His practice focus is on construction and infrastructure related
disputes. Mr. Harbst is also qualified as a solicitor in England and Wales.

Heiko Plassmeier is a Counsel in Baker & McKenzie's Düsseldorf office. He
advises and represents clients from various industries, including the energy and
automotive sectors, in domestic and international litigation and arbitration cases
and has acted as arbitrator. Besides his dispute resolution practice, he also handles
insolvency matters.

Jürgen Mark is a Partner in Baker & McKenzie's Düsseldorf office and a member
of the Firm's European Dispute Resolution Practice Group Steering Committee.
He practices in the areas of litigation and domestic and international arbitration.
Mr. Mark has also acted as arbitrator in ad-hoc, ICC and DIS arbitration
proceedings relating to corporate and post M&A disputes, major construction
projects, product distribution and product liability.

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Description:

Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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GERMANY
Ragnar Harbst, Heiko Plassmeier and Jürgen Mark

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Duration and Cost of Arbitration Proceedings

Duration and cost of arbitration proceedings have been a concern of companies for quite a while, and the complaints are only getting louder. There is hardly an arbitration journal or conference where in-house counsel of multinationals do not voice their—justified—concerns about the downsides of the arbitral process. It seems that these concerns are gaining momentum in Germany.

From the user’s perspective, the concerns are the length and the costs of arbitral proceedings. The sophistication of the arbitral process has reached a level that is becoming a problem. For businesses, a well-founded and “just” decision after four years of

Table of Contents:

GERMANY
Ragnar Harbst, Heiko Plassmeier and Jürgen Mark, Frankfurt and Düsseldorf

A. Legislation, Trends and Tendencies
A.1 Duration and Cost of Arbitration Proceedings
A.2 What is the Cause for the Complaints?
A.3 Is There a Cure?
B. Cases
B.1 No Preclusion of the Right to Resist Enforcement of an Award in Germany for Failure to Challenge at the Place of Arbitration
B.2 Termination of an Arbitrator's Mandate for Undue Delay of the Proceedings
B.3 Form Requirements for Arbitration Agreements with Consumers
B.4 Consumers Cannot Decide to Treat Invalid Arbitration Clauses as Valid
B.5 Effect of Choice of Non-Performance in Insolvency on Arbitration Agreement
B.6 Setting Aside an Arbitral Award for Breach of Agreenements between the Parties
C. Public Policy in International Arbitration
C.1 Scenarios of Reliance on Public Policy
C.2 Modes and Limitations of Reliance on Public Policy
C.3 Rules that Constitute "Public Policy"
C.4 Review of Alleged Breaches of Public Policy