Arbitration

As arbitration is referred to the extra-judicial settlement of a lawsuit in an orderly fashion through mediation or binding judgment. A basic distinction is between the many places possible and sometimes prescribed procedure before the occupied with volunteer arbitrators / magistrates or public recognized mediators state tribunal or quality points and the purely private arbitrations before a private arbitration on contract requested by the parties. An intermediate position is occupied by the process of public redress bodies set up by associations or clubs for disputes among members or specific industry-related disputes.

Process to an arbitration body

See main article: conciliation body

Private Legal Arbitration

Main article: Court of Arbitration

The arbitration referred to in the English Arbitration is a proceeding before a non- arbitration ( a kind of private civil court ). Prerequisite is an arbitration agreement between the parties. This legal action is excluded to the state civil courts. The dispute between the claimant and the defendant arbitration is terminated by an award of one or more arbitrators. The award takes the place of a judgment of a state court. It is binding on the parties and may be declared enforceable.

Arbitration, whose Verfahrensort located in Germany are ( ff ZPO § § 1025) regulated by the tenth book of the Code of Civil Procedure, unless the parties make no deviating provisions for their arbitration. Where reference is made to the Rules of Procedure for Arbitration of an institution, it is deemed agreed. In the arbitration agreement can then be dispensed to the control of details of the arbitration proceedings. Mandatory procedural safeguards are the right to a fair hearing and equal treatment of the parties ( § 1042 ZPO).

In contrast to a state court proceedings when there is arbitration usually only one instance. However, may terminate the arbitration award upon application to existence of gross procedural violations, a Court of Appeal. The Court of Appeal reviewed principle, not the correctness of the award ( no revision au fond - exception: violations of the ordre public). An institutionalized arbitration may provide that an "Upper Tribunal" means checked out the award to gross procedural violations and, if necessary cancels. The parties incur no additional court costs, which they are free also an annulment before the Court of Appeal.

Another difference between state court proceedings and arbitration is that in state court procedures for hearing and decision proclamation of the principle of the public ( § 169 GVG 1 ) applies, during arbitration in principle, ie unless otherwise agreed, are not public. This is referred to arbitration, where a public authority are involved, in part, as from the point of separation of powers (particularly parliamentary scrutiny ) considered problematic.

In contrast to arbitration in accordance with law (English arbitration ) is the procedure in equity (English adjudication ) originally developed for construction disputes arbitration procedure. In this arbitration in the otherwise mandatory procedural safeguards may be freely agreed, so that faster and summary decisions are possible, as the first - order Adjudikations for construction disputes (AO- construction) shows.

Arbitration with its own rules of procedure are offered by several institutions in Germany, such as chambers of commerce, the DIS, the TENOS AG and Others, the latter provides a higher arbitral tribunal as a private appeal.