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ARTICLE · 10 OCTOBER 2024

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International Arbitration Comparative Guide

International Arbitration Comparative Guide for the jurisdiction of Germany, check out our comparative guides section to compare across multiple countries

GermanyLitigation, Mediation & Arbitration

1 Legal framework

1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?

The German rules governing arbitration are contained in the Tenth Book of the Code of Civil Procedure, Sections 1025 and following (the ‘German Arbitration Act'). An official English translation of the Code of Civil Procedure can be found at www.gesetze-im-internet.de/englisch_zpo/index.html.

Following the concept of the UNCITRAL Model Law on International Commercial Arbitration, the German Arbitration Act generally applies only to arbitral proceedings whose seat is located in Germany (Section 1025, paragraph 1 of the Code of Civil Procedure). By way of exception, some specific provisions are also applicable to foreign arbitral proceedings, such as those on the assistance of state courts pursuant to Section 1050 of the code. The enforcement of foreign awards

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