Place of arbitration
The place of arbitration , also referred to as the seat of the arbitral tribunal , the place of the arbitration proceedings (so § 1043 ZPO) or in the English seat of arbitration , is the place where an arbitration before an arbitration tribunal is legally anchored. It does not have to be identical with the place where the arbitral tribunal actually meets.
Definition
The parties can freely agree on the place of arbitration in the arbitration agreement ( Section 1043 ZPO). The place of arbitration does not have to have any relation to the parties themselves or to the legal dispute. The agreement can also be made implicit . If, on the other hand, there is no indication whatsoever as to what the parties wanted to determine as the place of arbitration, the arbitral tribunal determines the place of arbitration.
Legal meaning
Depending on the place of arbitration, the applicable procedural law ( lex loci arbitri ) determines whether the arbitration award is treated as foreign or domestic in a particular country and which state courts are responsible for the measures accompanying the arbitration and for annulment requests.
practice
In practice, certain cities have emerged as traditionally popular arbitration locations. The background to this is proper arbitration law, local courts with experience in arbitration and a specialized legal profession.
Individual evidence
- ↑ Lachmann, Handbook for Arbitration Practice, 3rd edition 2008, Rn. 1393
- ↑ Kreindler / Schäfer / Wolff, Arbitration - Compendium for Practice , 2006, Rn. 236
- ↑ Münch in Münchener Comment ZPO , 4th edition 2013, § 1043 Rn. 7th
- ↑ Schlosser in Stein / Jonas, ZPO , 23rd edition 2014 § 1043 Rn. 5
- ↑ Kreindler / Schäfer / Wolff, Arbitration - Compendium for Practice , 2006, Rn. 238
- ↑ Wilske / Markert in BeckOK ZPO , status: January 1, 2015, § 1043 Rn. 1
- ↑ Lachmann, Handbook for Arbitration Practice , 3rd edition 2008, Rn. 1393
- ↑ Kreindler / Schäfer / Wolff, Arbitration - Compendium for Practice , 2006, Rn. 266
