Public Hearing of the Legal Affairs Committee on Arbitration Law
Berlin, November 29, 2024 – The Legal Affairs Committee of the German Bundestag held a public hearing today on the draft bill to modernize arbitration law. The hearing was attended by representatives from the legal profession, business community, and academia.
The draft bill, which was introduced by the German government in September 2024, seeks to update Germany’s arbitration law to make it more efficient, transparent, and accessible. The bill includes a number of changes, such as:
- Expanding the scope of arbitrable disputes
- Introducing a new expedited arbitration procedure
- Strengthening the independence and impartiality of arbitrators
- Enhancing the enforcement of arbitral awards
The hearing provided an opportunity for stakeholders to express their views on the draft bill. The majority of speakers welcomed the proposed changes, but some raised concerns about specific provisions.
Key Points from the Hearing
- Expanding the Scope of Arbitrable Disputes: The draft bill would expand the scope of arbitrable disputes to include all civil and commercial disputes, except for those that are specifically excluded by law. This change would bring Germany’s arbitration law into line with the laws of most other developed countries.
- Introducing a New Expedited Arbitration Procedure: The draft bill would introduce a new expedited arbitration procedure that would be available for disputes involving up to €100,000. This procedure would be designed to be faster and less expensive than traditional arbitration.
- Strengthening the Independence and Impartiality of Arbitrators: The draft bill would strengthen the independence and impartiality of arbitrators by requiring them to disclose any potential conflicts of interest and by prohibiting them from accepting gifts or other benefits from the parties to the dispute.
- Enhancing the Enforcement of Arbitral Awards: The draft bill would enhance the enforcement of arbitral awards by making them directly enforceable in German courts. This change would make it easier for parties to obtain enforcement of their arbitral awards.
Next Steps
The Legal Affairs Committee will now consider the feedback from the public hearing and prepare a report for the full Bundestag. The Bundestag is expected to vote on the draft bill in early 2025.
If the draft bill is passed, it will come into effect on January 1, 2026.
Öffentliche Anhörung des Rechtsausschusses zum Schiedsverfahrensrecht
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