Tag Archives: Germany

DIS adopts model clause to be used with ISDA Master Agreement

Effective January 2017, the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit, "DIS") has adopted a new model clause to be used with the 2002 ISDA Master Agreement ("DIS ISDA Model Clause"). The DIS ISDA Model Clause provides for use … Continue reading

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Filed under Arbitration clauses, Arbitration rules, EU, Institutions

Inside Arbitration: Issue #3 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

We are delighted to share with you the latest issue of the publication from Herbert Smith Freehills' Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insights about the markets and industries in which our clients operate, the publication … Continue reading

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Filed under Publications and Guides

Arbitrations seated in Germany: Due to the dynamics within arbitral tribunals, an award can be set aside even if only one of the arbitrators was successfully challenged in the German courts and the decision was made unanimously

In a recently published decision, the German Federal Supreme Court (“Bundesgerichtshof”) ruled that an arbitral award can even be set aside if one of the arbitrators was successfully challenged in the courts only after the tribunal reached a unanimous decision … Continue reading

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Filed under Awards, Europe

A matter of class: the spectre of class action arbitration in consumer product disputes

Class arbitrations have primarily been viewed as an instrument of the US legal system. However, given the international capability and procedural flexibility of arbitration, the scope that they offer for collective redress by consumers is attracting increasing interest.

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Filed under Enforcement, The Americas