Ten Years of UNCITRAL Model Law in Germany - WAMR 2007 Vol. 1, No. 3
Dr. Stefan Kröll is an attorney in Cologne and a correspondent to
UNCITRAL for Germany. He regularly sits as an arbitrator in national and
international cases and is widely published in the field of arbitration and
international business law. He is, inter alia, co-author of COMPARATIVE
INTERNATIONAL COMMERCIAL ARBITRATION along with Julian D.M. Lew and
Loukas Mistelis. He graduated from Cologne University where he received a Ph.D..
He holds a Master of Laws from the University of London. He is a Visiting Reader
at the School of Arbitration, QM London and hold a visiting lectureship from the
Bucerius Law School, Hamburg.
Peter Kraft is an attorney working at the German Institution of Arbitration in Cologne, Germany.
Originally from World Arbitration And Mediation Review (WAMR)
TEN YEARS OF UNCITRAL MODEL LAW
By Stefan Kröll* and Peter Kraft**
On January 1, 1998, Germany enacted a new Arbitration Law which is
to a large extent a verbatim adoption of the UNCITRAL Model Law on
International Commercial Arbitration (“Model Law”). By adopting the
Model Law, the German legislature followed the recommendation of
UNCITRAL which, when the model law was introduced, expressly
mentioned Germany as one of the countries for which the adoption of the
Model Law could be useful.1
Germany indeed met some important preconditions for becoming a
preferred seat for international commercial arbitration proceedings.
Germany was then and still is a major player in international commerce. It
had a fairly developed and long-standing history of arbitration as well as the
required infrastructure. In the words of the UN document,2 however, its
then existing legislation on arbitration was antiquated and made obsolete by
the practices of modern international commercial arbitration.3
Nearly ten years have passed since the adoption of the Model Law. The
“new” law has been applied in thousands of arbitration proceedings and
several hundred arbitration-related court proceedings. Its adoption, in