The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration - Chapter 10 - The Model Law after Twenty-Five Years: A German Judicial Perspective on International Interpretation
Michael Lorbacher has been an Instructor and Examiner of law students since 1986 and has acted as Chairman in judicial arbitration proceedings for more than six years. Mr. Lorbacher completed his legal training at the old German universities of Mainz and Würzburg with two (state) examinations in 1978. During that time he was an Assistant Professor in the law of local government at the University of Würzburg. His research interests lie in varying fields, such as commercial law, international arbitration, and property law.
On December 22, 1997, 1 the German legislature decided to fundamentally reform German arbitration law by adopting the UNCITRAL Model Law on International Commercial Arbitration (Model Law). 2 In this way, the German legislature harmonized arbitration law on both a national and international level, thus ensuring that all arbitration proceedings seated in Germany are conducted in accordance with uniform standards.
With the exception of cases in which contractual parties have other, prior agreements, this law allows for and requires an interpretation of national procedural regulations in light of an international context. The national procedural law’s scope of application differs from article 1 of the Model Law in that it is not limited to commercial matters and is thus more extensive. It applies to any dispute involving a pecuniary interest,such as matters of family law support payments, 3 as well as nonpecuniary interests in respect of which the parties are free to settle.4 This leads to international legal conceptions having a broader and greater impact on national law.
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PART IV: JUDICIAL PERSPECTIVES ON INTERNATIONAL INTERPRETATION
Chapter 10 The Model Law after Twenty-Five Years: A German Judicial Perspective on International Interpretation Michael Lorbacher