Till FeldmannRechtsbehelfe in der Zwangsvollstreckung aus Schiedssprüchen

About this book deutschenglish

An arbitral award in itself is not enforceable under German law. Therefore, losing an arbitration is not the end of the proceedings for a debtor who is unwilling to pay. The German Code of Civil Procedure provides him with numerous remedies which can be employed to attack the award, to hinder the declaration of enforceability of an award or to hinder enforcement itself. At the same time the creditor as well requires judicial assistance after completion of an arbitration. This is due to the fact that an arbitral award in itself is not enforceable.

The starting point of this book is the completion of an arbitration. It exposes the remedies which are available to the parties to realize their legal interests once an arbitration is completed. Considering the whole range of the tools provided by the German Code of Civil Procedure it is shown under which conditions the enforcement of an arbitral award can be hindered – that is under which conditions the party that had been defeated in the arbitration may avert enforcement at the end of the day.

The focus of the analysis lies on the remedies of the parties. These remedies are arranged in four groups: remedies specific to arbitral proceedings (part 1), remedies specific to enforcement proceedings (part 2), general remedies of civil procedure (part 3) and remedies to obtain provisional measures (part 4). Particular attention is paid to the reasons for anullment of an award, the arbitrablity of remedies, the preclusion of possible defenses and the possibility to raise substantive defenses after the completion of the arbitration.