Germany: Arbitration

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This country-specific Q&A provides an overview of the legal framework and key issues surrounding arbitration law in the Germany including arbitration agreements, tribunals, proceedings as well as costs, awards and the hot topics concerning this country at present.

This Q&A is part of the global guide to Arbitration.

For a full list of jurisdictional Q&As visit http://www.inhouselawyer.co.uk/index.php/practice-areas/arbitration/

  1. What legislation applies to arbitration in your country? Are there any mandatory laws?

    German law recognizes arbitration as a dispute resolution tool that is equal to litigation before a state court. Therefore, Germany is arbitrationfriendly with a modern and efficient arbitration law. Parties will find it easy to have arbitration proceedings in Germany and/or to enforce a (domestic or international) arbitral award with the assistance of German courts.

    The main provisions applicable to arbitration in Germany are listed in the Tenth Book of the German Code of Civil Procedure (Zivilprozessordnung, “ZPO”) in sections 1025 to 1066. They apply to ad hoc arbitration as well as to institutional arbitration proceedings. The Tenth Book came into force on 1 January 1998 and to the largest extent follows the UNCITRAL Model Law.

    The Tenth Book is applicable to all arbitration proceedings with their seat in Germany (section 1025 (1) ZPO). Some provisions of the Tenth Book even apply if the seat of arbitration is located outside of Germany or if the seat has not yet been determined (sections 1025 (2), (3) ZPO), e.g. if German state courts are required to assist arbitral tribunals or when it comes to the enforcement of arbitral awards in Germany.

    In addition to the provisions of the Tenth Book, the parties are free to agree on their own set of rules that shall apply to the arbitration proceedings by way of an individual agreement or by reference to the rules of an arbitral institution. The parties’ chosen rules take precedence over the Tenth Book and are binding also to the arbitral tribunal. The party autonomy is limited only as far as such agreements must not conflict with provisions of mandatory law (e.g. the parties’ agreement must not violate anti trust laws). It is also mandatory that the Parties must be treated equally and every party must have the full opportunity to present its case (section 1042 (1) ZPO). The parties are not entitled to waive these rights in advance.

  2. Is your country a signatory to the New York Convention? Are there any reservations to the general obligations of the Convention?

    Germany is a signatory of the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) and ratified the New York Convention on 30 June 1961. The New York Convention entered into force on 28 September 1961. Germany made a reciprocity reservation, but withdrew it in 1998. That means: Germany will enforce arbitral awards, irrespective of whether or not the state in which the award was made is a party to the New York Convention.

  3. What other arbitration-related treaties and conventions is your country a party to?

    Germany is party to various other arbitration related treaties and conventions, in particular to (i) the 1961 European Convention on International Commercial Arbitration (Geneva Convention) since 27 October 1964 and (ii) the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of other States (“ICSID Convention”) since 18 April 1969.

    In addition, since 1958 Germany has entered into more than 130 bilateral investment treaties.

  4. Is the law governing international arbitration in your country based on the UNCITRAL Model Law? Are there significant differences between the two?

    The German national arbitration law (= the Tenth Book of the German Code of Civil Procedure) incorporates almost the full text of the UNCITRAL Model Law with only minor exceptions. This is the result of a reform process in the late 1980s and the beginning of the 1990s with the objective to improve Germany’s international position as a suitable seat for arbitration proceedings.

    In contrast to the Model Law, the Tenth Book is applicable to all – domestic and international – arbitration proceedings with their seat in Germany (section 1025 ZPO). Further, while article 1 (1) of the Model Law requires a dispute to be “commercial” for its arbitrability, the German national arbitration law expanded the definition and covers all kinds of arbitration proceedings, not limited to “commercial” arbitration. In general, all pecuniary claims are arbitrable. Other claims are arbitral provided that the parties would be entitled to conclude a settlement regarding the subject matter of the dispute (section 1030 (1) ZPO).

  5. Are there any impending plans to reform the arbitration laws in your country?

    The German Federal Ministry of Justice recently established a task force to review the German national arbitration law and to determine whether and to what extent the German arbitration law requires adaptations. Since the process has just started, it cannot yet be predicted what topics will be discussed.

    Also, we see various institutions (e.g. the German Institution of Arbitration) to revise their arbitration rules to take account for new development (usually the updates cover specific arbitration proceedings, e.g. emergency arbitration, multiparty arbitration, arbitration proceedings concerning corporate law, or the new rules aim at increasing the efficiency of arbitration proceedings).

  6. What arbitral institutions (if any) exist in your country?

    The leading German arbitration institution is called DIS, Deutsche Institution für Schiedsgerichtsbarkeit (German Institution of Arbitration). The DIS administers both national and international arbitration proceedings. The institution published its Arbitration Rules in 1998, but will issue revised rules in the course of 2017.

    There are also several smaller, usually highly specialized institutions, e.g. the GMAA, the German Maritime Arbitration Association. The ICC Germany represents the International Chamber of Commerce as an international arbitration institution in the country.

  7. What are the validity requirements for an arbitration agreement under the laws of your country?

    Arbitral proceedings can be initiated only if the involved parties have concluded an arbitration agreement (section 1029 (2) ZPO). The subject matter of the arbitration agreement must be arbitrable pursuant to section 1029 (1) ZPO.

    There are only a few formal requirements to arbitral agreements under German law (section 1031 (1) ZPO). The arbitration agreement must be made in writing. Further, it must be included in a signed document, exchanged letters, telefax, copies, telegrams, or in another form of transmitting messages. If one of the parties is a consumer, stricter formalities must be observed, i.e. the arbitration agreement must be a separate document to the main contract (section 1031 (5) ZPO). Only the arbitration agreement must be provided for in this document and no other agreements whatsoever.

    Lacks of form will be cured if the parties enter into the arbitral proceedings without raising any objections (section 1031 (6) ZPO).

  8. Are arbitration clauses considered separable from the main contract?

    The doctrine of separability is applicable under German law. Thus, the arbitration clause is considered an independent agreement even if it is included in a larger contract document. That means he arbitration clause is separable from the other terms of the contract it is included in (section 1040 (1) ZPO). Consequently, the arbitration agreement can be valid even if the main contract is ineffective.

  9. Can claims under more than one contract be brought in the one arbitral proceeding? Can an arbitral tribunal with its seat in your country consolidate separate arbitral proceedings under one or more contracts, and, if so, in what circumstances?

    Pursuant to section 1029 (1) ZPO, an arbitration agreement is an agreement by the parties that they subject themselves to the decision passed by an arbitral tribunal “on all or individual disputes that have arisen between them with regard to a specific legal relationship”. Thus, several disputes or claims under one contract (i.e. one specific legal relationship) can be brought before the same arbitral tribunal. If claims arising under or in connection with several contracts, they can be brought before the same arbitral tribunal only if the same arbitration agreement or arbitration clause applies to all claims and if the parties are the same.

    There are no specific provisions under German law on the issue whether one arbitral tribunal may consolidate separate arbitral proceedings. Thus, the consolidation depends on the consent of the parties as an expression of their party autonomy. Institutional arbitration rules often contain provisions that and under which circumstances arbitral proceedings can be consolidated.

  10. How is the law applicable to the substance determined?

    Pursuant to section 1029 (1) ZPO, an arbitration agreement is an agreement by the parties that they subject themselves to the decision passed by an arbitral tribunal “on all or individual disputes that have arisen between them with regard to a specific legal relationship”. Thus, several disputes or claims under one contract (i.e. one specific legal relationship) can be brought before the same arbitral tribunal. If claims arising under or in connection with several contracts, they can be brought before the same arbitral tribunal only if the same arbitration agreement or arbitration clause applies to all claims and if the parties are the same.

    There are no specific provisions under German law on the issue whether one arbitral tribunal may consolidate separate arbitral proceedings. Thus, the consolidation depends on the consent of the parties as an expression of their party autonomy. Institutional arbitration rules often contain provisions that and under which circumstances arbitral proceedings can be consolidated.

  11. Are any types of dispute considered non-arbitrable? What is the approach used in determining whether or not a dispute is arbitrable?

    If the parties to an arbitration agreement have chosen a seat in Germany, the arbitrability of their dispute is determined pursuant to section 1030 ZPO. As a general rule, any pecuniary claim may become the subject matter of an arbitration agreement. An arbitration agreement regarding nonpecuniary claims has legal effect insofar as the parties to the dispute are entitled to conclude a settlement regarding the subject matter of the dispute (section 1030 (1) ZPO).

    German law is generally “arbitration friendly” and allows for a broad application of arbitration agreements. It makes exceptions only where it sees a need to protect certain rights and legal interests. In those cases, the German legislator reserved the state courts a decision monopoly. For example, legal disputes arising in the context of a tenancy relationship for residential space in Germany are per se nonarbitrable (section 1030 (2) ZPO). Pursuant to section 1030 (3) ZPO, further stipulations according to which disputes may not be subjected to arbitration proceedings may be found outside the Tenth Book. For example, laborlaw related disputes are also nonarbitrable (sections 101 et seqq. ArbGG).

  12. In your country, are there any restrictions in the appointment of arbitrators?

    Under German law, one of the most important rights of the parties to an arbitration is to choose freely the arbitrators for their arbitration proceedings. The parties can agree on the procedure and the number of arbitrators in their arbitration agreement (sections 1034 and 1035 ZPO).

    In line with the UNCITRAL Model Law, the German arbitration law does not determine any restrictions concerning the choice of arbitrators for the arbitral proceedings. The only exceptions may be found in section 1036 (2) ZPO: the arbitrator must be impartial and independent.

  13. Are there any default requirements as to the selection of a tribunal?

    The parties are entitled to agree on their own procedure how the members of the arbitral tribunal shall be selected.

    If the parties have not stipulated a procedure in their arbitration agreement or by selecting arbitration rules of an arbitration institution, the Tenth Book of the German Code of Civil Procedure provides rules for the number of arbitrators and the procedure for their appointment in sections 1034 and 1035 ZPO. If not agreed otherwise, three arbitrators shall be determined by the parties: Each party chooses one of the three arbitrators and both parties have to agree to determine the third arbitrator. In case the parties fail to agree on three arbitrators, they may apply to the competent court to appoint the arbitrators (section 1035 (3) ZPO). A party can also request the court to appoint the arbitrators if the other party did not comply with the procedure the parties agreed on (section 1035 (4) ZPO).

  14. Can the local courts intervene in the selection of arbitrators? If so, how?

    Generally, the arbitrators are selected pursuant to the parties’ agreed procedure. Only if the parties are unable to agree on a certain procedure to appoint their arbitrators or if they are unable to choose their presiding arbitrator, state courts may intervene. In this case, the parties may apply to the court to appoint their arbitrators (section 1035 (3) ZPO) or may apply to appoint their presiding arbitrator (section 1062 (1) ZPO).

  15. Can the appointment of an arbitrator be challenged? Can an arbitrator be disqualified? What is the procedure for such challenge?

    Arbitrators may be challenged or disqualified. For doing so, the parties may agree on a specific procedure. Likewise, arbitral institutions usually have provisions in their rules concerning the challenge of arbitrators. In the absence of such specific agreement or institutional rules (e.g. in ad hoc proceedings), the arbitral tribunal itself or a state court decides on the challenge.

    To challenge an arbitrator, the challenging party must rely on circumstances which give rise to justifiable doubts to the impartiality, independence or the agreed qualifications of the arbitrator. An arbitrator’s mandate might be terminated, depending on the outcome of the challenge proceedings.

  16. Are arbitrators immune from liability?

    German law contains no explicit provisions on the immunity of arbitrators. Therefore, arbitrators are generally liable to the parties. However, the German Federal Court of Justice (Bundesgerichtshof) drew comparisons to the work of judges at German state courts and hence granted the same immunity to arbitrators. In particular, arbitrators cannot be held liable for the correctness of their decisions. Without such limitation of liability an arbitral award would factually not have a res iudicata effect because the unsuccessful party could always reopen the case by filing a new claim against the arbitrator arguing that the arbitrator made a mistake.

  17. Is the principle of competence-competence recognised in your country? What is the approach of local courts towards a party commencing arbitration in apparent breach of an arbitration agreement?

    The principle of competence-competence of article 16 of the UNCITRAL Model Law is recognized in Germany (section 1040 ZPO). The arbitral tribunal may decide on its own competence in a dispute.

  18. How are arbitral proceedings commenced in your country? Are there any key provisions under the arbitration laws relating to limitation periods of which the parties should be aware?

    If German arbitration law applies (i.e. if the arbitration seat is in Germany) and if the parties did not agree otherwise, arbitral proceedings commence on the date on which an arbitration request is received by the respondent (section 1044 ZPO). The request for arbitration is effective if it contains the names of the parties, the subject matter of the dispute and a reference to the arbitration agreement (section 1044 ZPO). From that point in time on, the limitation period is suspended.

    The parties are free to agree on a different commencement date. For example, arbitral proceedings under the DIS Rules commence upon receipt of the statement of claim by the DIS Secretariat (section 6.1 of the DIS Rules).

  19. What is the applicable law (and prevailing practice) where a respondent fails to participate in the arbitration? Can the local courts compel parties to arbitrate? Can they order third parties to participate in arbitration proceedings?

    If a respondent fails to reply to a request for arbitration or fails to make an appearance at a hearing, the arbitral tribunal shall continue the proceedings and shall ultimately issue the arbitration award based in the insights it has obtained otherwise (section 1048 (2) and (3) ZPO). The absence of a party in an oral hearing is not considered as an admission of the submissions made by the other party. The parties are free to determine specific rules as to the consequences of the absence or default of a party.

    Local state courts cannot force a party to arbitrate, however, the state courts can determine upon request of a party that a dispute falls within the scope of an arbitration agreement.

    The local state courts cannot force a third party to participate in arbitration proceedings.

  20. In what instances can third parties or non-signatories be bound by an arbitration agreement or award (e.g. by joinder)?

    A party is bound by an arbitration agreement only if such party has agreed to this arbitration agreement, i.e. a party cannot be forced to join an arbitration without its consent. Therefore, a joinder of parties, as practiced in German litigation, is not applicable to arbitration.

    If the third party consents, the (original) parties may agree on the participation of hat third party in the arbitration or in institutional rules which provide for a special legal construction of joinder (e.g. the 2009 DISSupplementary Rules for Corporate Law Disputes).

  21. What interim measures are available? Will local courts issue interim measures pending the constitution of the tribunal?

    Even if the parties have agreed to resolve their dispute in arbitration, the parties remain entitled to turn to German state courts to request interim measures. In addition, more and more institutional arbitration rules provide for emergency arbitration proceedings, which take place before the arbitral tribunal in the main proceedings has been constituted. Once the arbitral tribunal in the main proceedings has been constituted, it can also order interim measures at any time during the proceedings.

    Arbitral tribunals often order interim measures by way of procedural orders. Such orders are not enforceable. Only arbitral awards will be enforced by a state court. Therefore, if a party needs to enforce an interim measure the arbitral tribunal must render an award instead of a procedural order.

  22. Are there particular rules governing evidentiary matters in arbitration? Will the local courts in your jurisdiction play any role in the obtaining of evidence?

    In general, the arbitral tribunal has broad discretion to determine the procedural rules of the arbitration. This also includes the rules on the taking of evidence. However, the parties are free to agree on the procedures for the taking of evidence as part of their party autonomy.

    State courts may support the arbitral tribunal if a party (with the consent of the arbitral tribunal) or the arbitral tribunal itself ask for assistance (section 1050 (1) ZPO). State courts may for example hear witnesses.

  23. What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your country?

    German law does not provide for arbitration specific ethical codes or other professional standards to be applied in arbitration proceedings. German counsel and arbitrators are bound by the ethical rules of the German Federal Lawyers’ Act – irrespective of their actions in state court or arbitration proceedings. However, foreign counsel and arbitrators are not bound by the German Federal Lawyers’ Act but only by the codes and standards of their home jurisdiction.

    We see arbitration institutions (e.g. most recently the DIS) developing ethical codes to apply to arbitrators and/or counsel.

  24. How are the costs of arbitration proceedings estimated and allocated?

    Unless the parties to the dispute have agreed otherwise, the arbitral tribunal is to decide on the share of the costs of the arbitration proceedings.

    The arbitral tribunal shall decide on the shares after having duly assessed the circumstances while taking account of the circumstances of the individual case, in particular the outcome of the proceedings (section 1057 (1) ZPO). In this context, the arbitral tribunal may e.g. consider also whether a party delayed or disrupted the proceedings etc.

    The arbitral tribunal has broad discretion in this regard. To limit the arbitral tribunal’s discretion, the parties may agree in their arbitration agreement (or elsewhere) on how the arbitral tribunal shall allocate the costs.

    The term “arbitration costs” covers the costs for the arbitrators and arbitration institutions, for lawyers’ fees, travel costs and translation costs. In German litigation cases, remuneration of lawyers is limited and calculated pursuant to a specific index. However, these limits and caps are not applicable in arbitration proceedings.

  25. Can interest be included on the principal claim and costs incurred?

    The arbitral tribunal may award interest as part of the principle claim provided that the applicable substantive law allows for a claim for interest. If German law is applicable and if the parties have not agreed otherwise, certain legal interest rates on the principal claim are to be applied: For example, in nonconsumer contractual relationships a claim for remuneration bears interest of 9 percentage points above the base interest rate (sections 288, 291, 247 Bürgerliches Gesetzbuch, BGB). The interest is calculated from the first day of the default.

  26. Does the law impose limits on the available remedies? Are some remedies not enforceable by the local courts?

    Generally under German law, arbitral tribunals have the competence to render an award granting declaratory relief, affecting a legal relationship and declaratory actions. This corresponds to the competences of judges of public courts under German law. Following the principle of party autonomy, the parties may determine further competences of the arbitral tribunal in their arbitration agreement.

  27. What legal requirements are there in your country for the recognition of an award?

    German law differentiates between the recognition and enforceability awards rendered in Germany and awards rendered outside Germany:

    If the award has been rendered in Germany, it has the same quality as a state court decision. To become enforceable, it must be declared enforceable by a state court (section 1060 (1) ZPO). Enforceability must be applied for at the higher regional court designated in the arbitration agreement or, if no such designation was made, at the higher regional court in the district of which the venue of the arbitration proceedings is located (section 1062 (1) ZPO). The reasons for setting aside a domestic arbitral award are exclusively listed in section 1059 ZPO. The competent court must examine ex officio if (1) the subject matter of the dispute is in fact not eligible to arbitration and if (2) recognition and enforcement of the arbitral award will lead to a result contrary to public policy (section 1059 (2) No. 2 ZPO). Upon request by a party, the competent court must review further reasons for setting aside the award (section 1059 (2) No. 1 ZPO).

    If the award has been rendered outside Germany, recognition and enforcement is governed exclusively by the provisions of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (section 1061 (1) ZPO).

  28. Can arbitration proceedings and awards be appealed or challenged in local courts? What are the grounds and procedure?

    Under German law an arbitral award can be challenged by one of the parties within three months from the date on which the party received the award. The jurisdiction of the court (Higher Regional Court) depends on the designation in the arbitration agreement or – if no agreement exists – on the seat of the arbitration.

    Section 1059 ZPO lists the reasons to set a domestic arbitral award aside. Relevant issues are inter alia the violation of due process or of the parties’ arbitration agreement, the excess of the competences of the arbitral tribunal or a violation of public policy. The list provided for in section 1059 ZPO is conclusive, i.e. an arbitral award cannot be challenged for reasons not listed in section 1059 ZPO. In particular, the state courts are not allowed to review the arbitral award substantively (no révision au fond). The list is based on the grounds for the refusal of recognition and enforcement of a foreign award under the New York Convention. For international arbitral awards, the New York Convention applies directly.

    Pursuant to section 1059 (4) ZPO the public court cannot only set aside the award but also send the case back to the arbitral tribunal, if appropriate. If the case is not referred back to the arbitral tribunal, a new arbitral tribunal must be constituted and the proceedings start from the beginning.

    The decision of the Higher Regional Court can be appealed to the Federal Supreme Court (Bundesgerichtshof, BGH) in specific circumstances. The appeal is limited to the grounds of admissibility of the arbitral proceedings, the jurisdiction of the arbitral tribunal as well as the setting aside, the recognition and the enforcement of an award (sections 1062 (1) and 1065 (1) ZPO). Otherwise the decisions of the Higher Regional Court are binding.

    Pursuant to section 1058 (1) and (2) ZPO each party may request the arbitral tribunal (i) that it corrects computation errors, spelling mistakes, or typographical errors, (ii) that it interprets specific parts of the arbitration award or (iii) that it delivers an amending arbitration award regarding those claims that the tribunal has not addressed in the arbitration award, although the claims had been asserted in the arbitration proceedings.

  29. Can the parties waive any rights of appeal or challenge to an award by agreement before the dispute arises (such as in the arbitration clause)?

    Under German law, the parties are not allowed to waive any rights of appeal or challenge of an award beforehand. In particular, the parties are not allowed to waive their rights regarding challenging awards conflicting with public policy or the arbitrability of a subject matter pursuant to section 1059 (2) ZPO.

  30. To what extent might a state or state entity successfully raise a defence of state or sovereign immunity at the enforcement stage?

    Generally, states that accept and agree to arbitration waive their immunity. The purpose is the practicability of arbitral proceedings. But the immunity is waived only as far as the subject of the dispute is covered by the arbitration agreement.

    The immunity in execution proceedings can still be recognized even if the state has waived its immunity on the purpose of the arbitration proceedings. This is important in the context of state assets in Germany. Following the doctrine of limited sovereign immunity state assets fulfilling a sovereign function are protected against enforcement measures pursuant to case law of the German Federal Constitutional Court. Awards against assets of foreign authorities located in Germany with a commercial purpose are enforceable instead.

  31. Are there rules or restrictions on third-party funders in your country?

    No. Thirdparty funding is frequently discussed also in Germany, but currently rather perceived as a topic of little relevance. Existing German law would be able to handle the typical thirdparty scenarios.

  32. Is there a concept in your country providing for class-action or group arbitration? If so, are there any limitations to the arbitrability of such claims or requirements that must be met before such claims may be arbitrated?

    No. However, the task force of the German Federal Ministry of Justice that is examining the current arbitration law, has started to discuss whether new forms of arbitrations should be supported. Further, arbitration institutions provide specific rules for shareholder disputes that account for a higher number of parties.

  33. Is diversity in the choice of arbitrators (e.g. gender, age, origin) actively promoted in your country? If so, how?

    Diversity in the choice of arbitrators is not formally promoted by German arbitration laws, but we see various efforts, e.g. institutions actively promoting diversity, special events for female arbitration practitioners only etc.

  34. Is emergency arbitrator relief available in your country? Is this actively used?

    The German national arbitration law does not provide for emergency arbitration. However, arbitration institutions as the SCC or the ICC provide for emergency arbitrator proceedings in their rules. Generally, the decision of the emergency arbitrator is binding for the parties, but not binding for the tribunal, once it is constituted. The parties may exclude the emergency arbitrator provisions or agree to substitute the emergency situation under other procedures. If an emergency arbitrator orders interim measures in an arbitral award German courts would enforce such award.

    Even if the parties agreed on an arbitration clause (with or without emergency arbitration), the parties are entitled under German law to use the state courts to request interim measures.

  35. Have measures been taken by arbitral institutions in your country to promote transparency in arbitration?

    In October 2015, the ICC started to communicate the reasons of a number of decisions issued under the ICC Rules to promote more transparency in their arbitration proceedings. It is required that the parties agree on that communication. A certain discrepancy between transparency and confidentiality still exists. In January 2016, the ICC announced to publish the names of the arbitrators sitting in ICC cases on their website in the future. We see similar trends with other institutions as well. Institutions (DIS, ICC) also plan to publish (more) awards rendered under their rules.

  36. Are efforts being made by arbitration institutions or local courts to impose strict deadlines for the rendering of awards?

    Many institutional arbitration rules provide for specific and tight deadlines for rendering the award (e.g. six months after constitution of the tribunal). However, these deadlines are not binding for the arbitral tribunal and often also the parties request longer deadlines for filing their submissions. Some arbitration institutions, e.g. the ICC, closely monitor the proceedings including the timewise course of the proceedings. However, their influence on accelerating the arbitration are currently limited.

  37. Have steps been taken in your country to publish reasoned decisions on arbitrator challenges and provide more insight into the drivers behind arbitrator selection by institutions?

    No specific steps have been undertaken specifically in Germany. However, on an international level, we saw the ICC adopt a guidance note for the disclosure of conflicts by arbitrators in February 2016, listing certain situations that may call an arbitrator’s independence or impartiality into question. In January 2016, the ICC announced to publish the names of the arbitrators sitting in ICC cases on their website in the future (including their nationality and appointment). It will also be shown which of the arbitrators are appointed as the chairs of the arbitral tribunal in ICC cases. The Milan Chamber of Commerce has taken a similar approach.

    Further, arbitration practitioners currently discuss to which extent information on arbitrators, decisions by the institutions and awards can be / should be published.

  38. Are there arbitral laws or arbitration institutional rules in your country providing for simplified procedures for claims under a certain value?

    There are no specific provisions under German law that determine simplified procedures for claims under a certain value. However, arbitration institutions recommend that in such cases only a sole arbitrator decides the case which usually provides for an acceleration.