How Do German Courts Support Arbitral Tribunals in Their Fight Against Guerrilla Practices?
Article from: TDM 2 (2010), in Guerrilla Tactics in International Arbitration & Litigation
Introduction
German courts adopt generally a very arbitration-friendly approach. One example for this pro-arbitration attitude is the prevention of delay and obstructive behaviour, in particular with regard to the challenge of arbitrators for an alleged want of impartiality or independence. Germany, as other European countries, has a long arbitration history. On a federal level, arbitration awards were for the first time recognised as a means equal to state court judgements back in 1877. More than ten years ago, in 1998, Germany modernized its arbitration law and adopted the ...