Skadden Arps Slate Meagher & Flom LLP updates
Dissenting opinions: ground for annulment or mere annoyance?
Skadden Arps Slate Meagher & Flom LLP- Arbitration & ADR
- Germany
- 29 October 2020
Germany is a civil law jurisdiction whose laws do not have an express provision on the admissibility of dissenting opinions in arbitration proceedings. Because dissenting opinions by German judges (except Federal Constitutional Court judges) are prohibited as a violation of the secrecy of deliberations principle, the admissibility of dissenting opinions in arbitration proceedings seated in Germany is controversial.
Q&A: arbitration with an insolvent party
Skadden Arps Slate Meagher & Flom LLP- Arbitration & ADR
- Germany
- 20 August 2020
This article discusses some of the main considerations that arise when a party considering arbitration or already engaged in arbitration files for insolvency, or has its counterparty file for insolvency, under German insolvency law. It answers key questions such as is an insolvency administrator bound by an arbitration clause agreed to by the insolvent party and what happens to an arbitration if a party files for insolvency in Germany?
Need for speed – revised DIS Rules for Expedited Proceedings
Skadden Arps Slate Meagher & Flom LLP- Arbitration & ADR
- Germany
- 05 March 2020
Alongside its 2018 Arbitration Rules, the German Arbitration Institute issued a revised set of fast-track arbitration rules. The appeal of these rules is that parties can expect a binding award within six months of the first case management conference. As parties are free to agree on the application of these rules to all kinds of dispute, irrespective of the amount at issue, they provide parties with a high level of autonomy. However, parties should exercise their discretion wisely as the rules are not suitable for all disputes.
Third-party arbitration funding – an overview
Skadden Arps Slate Meagher & Flom LLP- Arbitration & ADR
- Germany
- 24 October 2019
Third-party arbitration funding continues to be a hot topic in Germany, with a growing number of companies considering using third-party funding and more international funders than ever joining established German funders. This article outlines some of the pros and cons of third-party funding in an arbitration context.
2018 DIS Arbitration Rules – one year on
Skadden Arps Slate Meagher & Flom LLP- Arbitration & ADR
- Germany
- 18 July 2019
In March 2018 the German Arbitration Institute's (DIS's) new arbitration rules came into force. The new rules are a good choice in almost every setting, offering competitive fees for arbitrators and institutions and providing a modern and efficient arbitration framework that preserves and expands on the distinctive features of the previous DIS rules. These unique factors are particularly appealing to in-house counsel.
