Germany - National Report - World Arbitration Reporter (WAR) - 2nd Edition
Stephan Wilske is a Partner in the Stuttgart office of Gleiss Lutz and a lecturer on international arbitration at the Universities of Heidelberg and Hanover. His practice focuses on arbitration and cross-border litigation. He regularly publishes and lectures on international dispute resolution and public and private international law. He received his doctorate from the University of Tübingen, Germany, his LL.M. from the University of Chicago (Casper Platt Award), his M.A. in political science at the University of Tübingen, and his maîtrise en droit international from the Université d’Aix-Marseille III, France. Before joining Gleiss Lutz in 1997, he was an associate in the New York office of Rogers & Wells. He is admitted to the German and New York bars as well as to the U.S. Supreme Court and the U.S. Courts of Appeals for the Federal and the Second Circuit. He is a Fellow of the Chartered Institute of Arbitrators, the Advisory Committee of the Swiss Arbitration Academy, and a Senior Committee Member of the Contemporary Asia Arbitration Journal. He is also an international correspondent (Germany) of the Revista Română de Arbitraj (Romanian Arbitration Review). In 2010, he was a visiting professor at National Taiwan University College of Law.
Lars Markert is an Associated Partner in the Stuttgart office of Gleiss Lutz. His practice focuses on international commercial and investment arbitration, as well as cross-border litigation. He received his doctorate from the University of Cologne and holds an LL.M. from the Georgetown University Law Center (IIEL Fellow) and a maîtrise en droit international from the Université d’Aix-Marseille III, France. Before joining Gleiss Lutz in 2007, he was an international associate in the competition and international arbitration departments in the New York office of Simpson Thacher & Bartlett LLP, and from 2012-2014 he was seconded to the international dispute resolution department in the Tokyo office of Nishimura & Asahi, Japan. He is admitted to the German and New York bars and is an academic advisor to the International Investment Law Centre Cologne (IILCC). He is also a lecturer on international investment arbitration at the University of Cologne.
Originally from World Arbitration Reporter (WAR) - 2nd Edition
I. INTRODUCTION: ARBITRATION IN GERMANY—HISTORY AND INFRASTRUCTURE
A. History and Current Legislation on Arbitration
1. Historical evolution of law relating to arbitration
The earliest legislative framework for arbitration in Germany was contained in the first version of the German Code of Civil Procedure which entered into force in 1879. International commercial arbitration was practiced all through the 20th century based on international agreements and the 10th book of the German Code of Civil Procedure. Eventually, however, this law was widely considered to be outdated. As of 1 January 1998, the new completely revised German arbitration law entered into force. The new law was modelled closely after the UNCITRAL Model Law since the German legislature intended to create an arbitration-friendly jurisdiction that would be attractive to German and foreign practitioners alike.
2. Current law
The core of the German arbitration law is codified in sections 1025 to 1066 of the 10th book of the German Code of Civil Procedure (Zivilprozessordnung or ZPO). These purely national provisions are supplemented by international agreements such as the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”), to which section 1061 refers, or the numerous bilateral treaties to which Germany is a party and which often provide for dispute resolution by arbitration.
German arbitration law does not distinguish between national and international arbitration and applies equally to all arbitral proceedings having their place of arbitration in Germany (section 1025(1)).