Arbitration

the arbitration is the procedure before an arbitral tribunal (private civil court). A condition is an agreement to arbitrate between the parties. Thus the course of law is excluded to the national civil courts. The civil law case between the arbitration plaintiff and the arbitrationdeplored is terminated by an arbitral award one or several arbitrators. The arbitral award steps to the place of a judgement of a national court. It is binding for the parties and can be explained for executory.

Arbitration, whose procedure place lies in Germany, becomes by 10. Book of the judicial code (§§ 1025 FF. ZPO) regulated, as far as the parties for their arbitration do not make of it deviating regulations. To rules of procedure of an institution for arbitration is referred, then this is considered as agreed upon. In the agreement to arbitrate can be done then without the regulation of details of the arbitration procedure. Compelling procedure warranties are the right to legal hearing and the equal treatment of the parties (§ 1042 ZPO).

In contrast to national legal proceedings there is one instance with the arbitration only. However a higher regional court can waive the arbitral award on request when being present rough procedure offences. The higher regional court does not examine in principle the contentwise correctness of the arbitral award (no revision outer rear - exception: Offences against the ordre publicly). Institutionalized arbitration can plan that „an upper arbitral tribunal examines and waives “the arbitral award if necessary for rough procedure offences. From no additional legal charges result to the parties whereby also an abolition request before the higher regional court is open you.

Arbitration after own rules of procedure is offered by several institutions in Germany, like e.g. of Chambers of Commerce, the THESE, the TENOS AG among other things, whereby the latter plans also an upper arbitral tribunal.

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