The New German Arbitration Act - A User's Perspective

Abstract

WITH THE New German Arbitration Act, the UNCITRAL Model Law has been adopted in German arbitral law. Germany is consequently taking up the recommendation expressed by the General Assembly of the United Nations in the Resolution of 11 December 1985. The significant text of the Resolution reads: The General Assembly recommends that all States give due consideration to the Model Law on International Commercial Arbitration, in view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice. The recommendation therefore has two objectives: one is harmonization and the second is modernization of national procedural law for international arbitration proceedings. The harmonization aim is at the forefront, although comments on the Model Law have often in a rather misleading way emphasized the goal of modernization. With both objectives, the originators of the Model Law have...