6 The Arbitral Award »
Reinmar Wolff
From: Commercial Arbitration in GermanyRichard Kreindler, Reinmar Wolff, Markus S. Rieder
This concluding chapter examines the arbitral award given at the outcome of the arbitration proceedings. It describes the different ways German arbitration law resolves the dispute — by decision of the arbitral tribunal and by settlement of the parties — and the rules which the arbitral tribunal applies when deciding on the merits and costs. Traditionally, arbitration is characterized by, on the one hand, largely flexible arbitral proceedings and, on the other hand, an outcome, the award that not only is tantamount to a state court judgment but also is equipped with restricted remedies and facilitated means of enforcement both domestically and internationally. In conformity with German court tradition, arbitral tribunals in Germany often encourage the parties to consider making a settlement. To facilitate enforcement of the terms of any such settlement, it may be recorded by the arbitral tribunal in the form of an award on agreed terms.
Bibliography »
From: Commercial Arbitration in GermanyRichard Kreindler, Reinmar Wolff, Markus S. Rieder
Contents »
From: Commercial Arbitration in GermanyRichard Kreindler, Reinmar Wolff, Markus S. Rieder
Detailed Table of Contents »
From: Commercial Arbitration in GermanyRichard Kreindler, Reinmar Wolff, Markus S. Rieder
Annex D European Convention »
From: Commercial Arbitration in GermanyRichard Kreindler, Reinmar Wolff, Markus S. Rieder
Annex A German Code of Civil Procedure, Book 10: Arbitration Procedure »
From: Commercial Arbitration in GermanyRichard Kreindler, Reinmar Wolff, Markus S. Rieder
Annex G IBA Guidelines on Conflicts of Interest in International Arbitration »
From: Commercial Arbitration in GermanyRichard Kreindler, Reinmar Wolff, Markus S. Rieder
Annex F IBA Rules on the Taking of Evidence in International Arbitration »
From: Commercial Arbitration in GermanyRichard Kreindler, Reinmar Wolff, Markus S. Rieder
5 Interim Relief »
Reinmar Wolff
From: Commercial Arbitration in GermanyRichard Kreindler, Reinmar Wolff, Markus S. Rieder
This chapter discusses the interim relief measures issued during arbitration proceedings. Interim measures represent one of the most difficult areas in arbitration as it is characterized by the tribunal’s broad discretion and the need for a grant of enforcement by the state court. In a dispute, whether a party finally achieves its requested legal protection will depend on interim measures of protection: the disclosure of a trade secret, for example, cannot be undone even if an award or judgment later finds that the trade secret was illegal. While state court interim measures per se follow the general rules of civil procedural law at the place of their issuance, they pose a number of challenges at the interface between these general local civil procedure rules and the particularities of arbitration, particularly in cross-border disputes.
List of Abbreviations »
From: Commercial Arbitration in GermanyRichard Kreindler, Reinmar Wolff, Markus S. Rieder
Annex B New York Convention »
From: Commercial Arbitration in GermanyRichard Kreindler, Reinmar Wolff, Markus S. Rieder
Table of Cases and Awards »
From: Commercial Arbitration in GermanyRichard Kreindler, Reinmar Wolff, Markus S. Rieder
Annex E UNCITRAL Notes on Organizing Arbitral Proceedings »
From: Commercial Arbitration in GermanyRichard Kreindler, Reinmar Wolff, Markus S. Rieder
Annex C UNCITRAL Recommendation »
From: Commercial Arbitration in GermanyRichard Kreindler, Reinmar Wolff, Markus S. Rieder
