Enforcing arbitral awards in Germany


Produced in partnership with Dr. Evgenia Peiffer and Dr. Tom Christopher Pröstler of CMS
Practice notes

Enforcing arbitral awards in Germany


Produced in partnership with Dr. Evgenia Peiffer and Dr. Tom Christopher Pröstler of CMS

Practice notes
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This Practice Note considers the recognition and enforcement of arbitral awards in Germany.

Note: all German judgments referred to in this Practice Note are not reported by ÑÇÖÞÉ«ÇéÍø® UK.

Introduction to enforcement under German arbitration law

Germany is a traditionally arbitration-friendly jurisdiction. The German law on arbitration is set out in Book 10 (ss 1025–1066) of the Code of Civil Procedure, the Zivilprozessordnung (ZPO). It is closely modelled on the UNCITRAL Model Law on International Arbitration (the Model Law) and governs both domestic and foreign arbitrations, with only limited differences between the two.

Under German law, as in most jurisdictions, the enforcement of arbitral awards is a two-stage process. First, the award must be recognised and declared enforceable by the competent state court, which thereby vests in the award the same effect as a state court judgment would have vis-à-vis the parties. This procedure is governed by the law on arbitration. Second, if not complied with voluntarily, the award must be enforced in the same way as a state court judgment

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Jurisdiction(s):
United Kingdom
Key definition:
Award definition
What does Award mean?

Generally, a final, binding decision of the arbitral tribunal on the substantive dispute between the parties. Arbitral awards may also be interim (ie they have temporary, not final, effect) and partial (ie deciding one or more, but not all, of the issues in the dispute on a final, binding basis).

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