Objective Arbitrability of Corporate Disputes — the German Perspective

Abstract

In general all matters of inter-corporate disputes are arbitrable under German law, provided that they are covered by a valid arbitration clause. Such an arbitration clause may be part of the articles of association of the company. There are no limitations as far as GmbHs and partnerships are concerned. However, the articles of association of a stock corporation, quoted on a stock exchange, may not contain an arbitration clause. They state courts have exclusive jurisdiction over disputes concerning the validity or nullity of shareholders' resolutions by such stock corporations. All other corporate disputes within a stock corporation may be covered by an individual arbitration agreement.