International Arbitration Guide
Describe the international arbitration governing bodies/structure in your jurisdiction.
Germany is an acknowledged and attractive place of arbitration, not only for national arbitral proceedings but also for international ones due to its arbitration-friendly legislation and legal integrity. Among various other bilateral agreements concerning arbitration regulations, Germany ratified the New York Convention of 1958. German arbitration law is based on the understanding, that state courts and arbitration courts grant equivalent legal protection.
The leading German arbitration institution is named DIS (Deutsche Institution für Schiedsgerichtsbarkeit e.V. – German Arbitration Institute).
Many international arbitration proceedings are executed by the International Chamber of Commerce (ICC), which is represented by ICC Germany.
In Germany Sec. 1025 – 1066 of the Code of Civil Procedure (Zivilprozessordnung) govern arbitral proceedings – as an almost literal adaptation of the United Nations Commission on International Trade Law (UNCITRAL) Model Law.
Describe any unique circumstances in your country that affect international arbitration (i.e., change in government, etc.).
There are no restrictions for arbitration. It is a well-functioning alternative to state court proceedings, providing high quality, flexibility and legal integrity, and it may be conducted in English (and other languages).
Germany has a long history of international arbitration and registers an increasing amount of international arbitrations over the years.
Please provide a brief overview of your firms international arbitration capabilities (team members, experience as litigators in arbitration as well as experience as arbitrators).
We have a strong practice in arbitration. Our experienced team members conducted arbitrations before national and international arbitration courts under the rules of ICC and DIS as well as “Ad-Hoc”-arbitrations.
In which areas does your firm handle arbitration? (i.e., international investment, infrastructure, public works, energy, construction, etc.)
Mainly commercial and corporate disputes, as well as construction law and energy law matters.
Which industries does your firm serve in this area (i.e., energy, insurance, public concessions, etc.)?
Our services are not limited to clients from specific industries. Our client base mainly consists of (domestic and international) medium-sized and larger commercial enterprises.
Does your firm provide lawyer representation or certified arbitrator resources, or both? Please describe.
MELCHERS represent clients in arbitration proceedings conducted in German and English, and lawyers of our firm occasionally act as arbitrators. However, we do not provide certified mediator resources