
Contents
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7.1 Background 7.1 Background
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7.1.1 History and development 7.1.1 History and development
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7.1.2 Recent developments and anticipated changes 7.1.2 Recent developments and anticipated changes
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7.1.3 Regional venues 7.1.3 Regional venues
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7.2 Commencing Arbitration Proceedings 7.2 Commencing Arbitration Proceedings
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7.2.1 Enforcing arbitration agreements 7.2.1 Enforcing arbitration agreements
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7.2.2 The courts’ role in appointing arbitrators 7.2.2 The courts’ role in appointing arbitrators
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7.2.3 The role of courts in resolving jurisdictional questions 7.2.3 The role of courts in resolving jurisdictional questions
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7.2.4 The role of courts in enjoining arbitration 7.2.4 The role of courts in enjoining arbitration
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7.3 Court Assistance Before or During Arbitration 7.3 Court Assistance Before or During Arbitration
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7.3.1 Interim measures 7.3.1 Interim measures
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Parallel powers of state courts and arbitral tribunals Parallel powers of state courts and arbitral tribunals
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Obtaining interim measures from arbitral tribunals Obtaining interim measures from arbitral tribunals
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Availability of ex parte measures Availability of ex parte measures
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Content and enforceability of interim measures Content and enforceability of interim measures
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7.3.2 The role of courts in deciding challenges to arbitrators 7.3.2 The role of courts in deciding challenges to arbitrators
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Challenge procedure Challenge procedure
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7.3.3 The role of courts in compelling testimony/evidence 7.3.3 The role of courts in compelling testimony/evidence
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7.3.4 Foreign practitioners as counsel 7.3.4 Foreign practitioners as counsel
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7.3.5 Local requirements for the conduct of proceedings 7.3.5 Local requirements for the conduct of proceedings
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7.4 The Award 7.4 The Award
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7.4.1 Form of award 7.4.1 Form of award
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7.4.2 Substance of award 7.4.2 Substance of award
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7.5 After the Award 7.5 After the Award
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7.5.1 Local standards for setting aside/annulment 7.5.1 Local standards for setting aside/annulment
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7.5.2 Local procedures for setting aside/annulment 7.5.2 Local procedures for setting aside/annulment
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7.6 Conclusion 7.6 Conclusion
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Cite
Abstract
This chapter evaluates the merits of Germany as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Germany; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that Germany offers a modern and effective legal framework for international arbitration. As in other popular arbitration jurisdictions, there are deviations from the United Nations Commission on International Trade Law (UNCITRAL) Model Law regarding the courts' control of and assistance in the proceedings that do not affect Germany' s general suitability as arbitration venue. Nevertheless, a German venue is not always on the shortlist of counsel and arbitral tribunals. One possible obstacle in the minds of foreign lawyers is that there is not a single German arbitration venue akin to London for the United Kingdom or Paris for France. Instead, there are at least six suitable venues in Germany. The ability to choose should not be seen as an obstacle, but rather as an advantage.
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