Arbitration Lawyer in Germany

Legal Solutions Made in Germany

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Arbitration Lawyer
in Germany

Legal Solutions Made in Germany

At Schlun & Elseven Rechtsanwälte, our legal team is ready to support your company in arbitration proceedings. As a multidisciplinary, full-service law firm, our lawyers will support you in resolving complex commercial disputes and other legal matters that would be better resolved outside of court. We have extensive experience in both ad hoc and institutional arbitration proceedings. Our legal team advises German and foreign clients in arbitration matters, and can be relied upon to develop suitable dispute resolution strategies.

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The Benefits of Arbitration

There are several advantages to be gained by pursuing the arbitration route. Generally, arbitration cases are faster, cost-effective, and behind closed doors. Here are some of the benefits of arbitration in more detail:

  • Faster than the court system: Arbitration cases generally take less time than court proceedings. Moreover, such proceedings tend to be the final decision without appeals. Therefore, the issues are concluded without the need for costly further action. 
  • Cost-efficient: As the proceedings are faster and do not tend to involve further appeals, the cost of arbitration tends to be much less than going through the court system. Furthermore, the requirements for arbitration proceedings tend to be more flexible than the court system, which can also lower costs.
  • Flexibility: Arbitration proceedings do not need to follow the same rules as formal court settings. Therefore, it is possible to agree on regulations concerning witnesses and evidence amongst the parties. However, it is advisable to obtain legal assistance before making any such agreement. Timings of the arbitration proceedings can also be more flexible than those of court proceedings.
  • Privacy: Arbitration proceedings are much more private than those within the courtroom. Therefore, should a party wish to keep their business practices or trade secrets outside of the public domain, it is advisable to consider arbitration. The fact that proceedings tend to be faster, more cost-effective and private means that there is also less animosity between those involved in the disputes.
  • International Recognition: The results of arbitration processes are generally recognised worldwide. They are also enforceable around the world.
  • Expert adjudication: When it comes to arbitration cases, the participants can be assured that the adjudicator is an expert in the field in question. This expertise adds to the speed of the process as they have a detailed knowledge of the area in question.

As can be seen, there are many advantages in choosing to go down the arbitration route. Contact our arbitration lawyers directly if you require more information about whether it is the right path for your dispute.

Ad-hoc Proceedings

Ad hoc arbitration allows the parties involved in the dispute to decide the important aspects of the arbitration, such as the appointing of arbitrators, how many arbitrators are involved, the procedure for conducting the procedure and so forth. Therefore, they do not proceed with an institution for administering their arbitration, although those in conflict can appoint a qualified arbitrator and agree to choosean institutional provider as the appointing authority.

With this format, ad hoc arbitration can be more flexible, time-efficient and cost-effective than institutional proceedings, however, this is not always the case in reality. The ad hoc process involves the arbitrator having greater responsibility to organise and administer the arbitration. By working with experienced arbitrators and arbitration lawyers, such as those at Schlun & Elseven Rechtsanwälte, from the beginning of proceedings, you can enter the proceedings confident that both sides will understand the steps involved and that they agree to the results of the arbitration.

    Contracts: Drafting and Analysing Arbitration Clauses

    At Schlun & Elseven Rechtsanwälte, our lawyers advise corporate clients regarding whether they should include binding arbitration clauses in their contracts. Arbitration has several advantages over litigation for companies of all sizes, however, arbitration clauses may not be suitable for your business. Signing arbitration clauses may mean that a company has limited itself regarding how disputes can be resolved. Binding arbitration also results in the company not being able to appeal the final decision.

    The extent that which the inherent disadvantages of arbitration may impact your company depends on many factors, from the size of your company and the companies it has contracts with to its industry. Our lawyers will examine your company from multiple angles to determine whether it would be best served entering into arbitration agreements with its partners.

    Institutional Arbitration Proceedings

    Institutional arbitration is a dispute resolution mechanism in which a specialised institution intervenes and administers the arbitration process. In this form of arbitration, the parties follow the framework of arbitration as set by the institution. The advantages of institutional arbitration are:

    • Both parties know the rules and procedures involved before the dispute,
    • Both parties see the precedent in cases using the institutional practices and policies,
    • The format and method has been proven to work and has a history behind them,
    • The institution in question will provide administrative help when it comes to hosting the dispute,
    • Predetermined rules and procedures can save time as they do not need to be decided.

    At Schlun & Elseven Rechtsanwälte, our lawyers support clients in institutional arbitration disputes involving the guidelines of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the Dubai International Finance Centre (DIFC) and more.

    Determining whether to include a specific institution as the arbitration administrator in an arbitration agreement depends on many factors, including the business’s industry. When designing such contracts, consulting with experienced contract lawyers will ensure that your company is fully informed about the arbitration process. Should the contractual parties decide on an institution to act as arbitrator, the parties can then include the institution’s draft clause into their contracts.

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      Practice Group: Arbitration in Germany

      Practice Group:
      Arbitration in Germany

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      Dr. Tim Schlun

      Lawyer | Managing Partner

      Aykut Elseven

      Lawyer | Managing Partner

      Jens Schmidt

      Lawyer

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