Dispute Resolution

37 answers published on 6 July 2017

Germany

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Author

Karl von Hase

Luther Rechtsanwaltsgesellschaft mbH

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1.

Court system
What is the structure of the civil court system?

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2.

Judges and juries
What is the role of the judge and the jury in civil proceedings?

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3.

Limitation issues
What are the time limits for bringing civil claims?

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4.

Pre-action behaviour
Are there any pre-action considerations the parties should take into account?

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5.

Starting proceedings
How are civil proceedings commenced? How and when are the parties to the proceedings notified of their commencement? Do the courts have the capacity to handle their caseload?

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6.

Timetable
What is the typical procedure and timetable for a civil claim?

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7.

Case management
Can the parties control the procedure and the timetable?

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8.

Evidence - documents
Is there a duty to preserve documents and other evidence pending trial? Must parties share relevant documents (including those unhelpful to their case)?

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9.

Evidence - privilege
Are any documents privileged? Would advice from an in-house lawyer (whether local or foreign) also be privileged?

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10.

Evidence - pretrial
Do parties exchange written evidence from witnesses and experts prior to trial?

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11.

Evidence - trial
How is evidence presented at trial? Do witnesses and experts give oral evidence?

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12.

Interim remedies
What interim remedies are available?

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13.

Remedies
What substantive remedies are available?

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14.

Enforcement
What means of enforcement are available?

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15.

Public access
Are court hearings held in public? Are court documents available to the public?

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16.

Costs
Does the court have power to order costs?

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17.

Funding arrangements
Are ‘no win, no fee’ agreements, or other types of contingency or conditional fee arrangements between lawyers and their clients, available to parties? May parties bring proceedings using third-party funding? If so, may the third party take a share of any proceeds of the claim? May a party to litigation share its risk with a third party?

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18.

Insurance
Is insurance available to cover all or part of a party’s legal costs?

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19.

Class action
May litigants with similar claims bring a form of collective redress? In what circumstances is this permitted?

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20.

Appeal
On what grounds and in what circumstances can the parties appeal? Is there a right of further appeal?

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21.

Foreign judgments
What procedures exist for recognition and enforcement of foreign judgments?

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22.

Foreign proceedings
Are there any procedures for obtaining oral or documentary evidence for use in civil proceedings in other jurisdictions?

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23.

UNCITRAL Model Law
Is the arbitration law based on the UNCITRAL Model Law?

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24.

Arbitration agreements
What are the formal requirements for an enforceable arbitration agreement?

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25.

Choice of arbitrator
If the arbitration agreement and any relevant rules are silent on the matter, how many arbitrators will be appointed and how will they be appointed? Are there restrictions on the right to challenge the appointment of an arbitrator?

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26.

Arbitrator options
What are the options when choosing an arbitrator or arbitrators?

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27.

Arbitral procedure
Does the domestic law contain substantive requirements for the procedure to be followed?

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28.

Court intervention
On what grounds can the court intervene during an arbitration?

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29.

Interim relief
Do arbitrators have powers to grant interim relief?

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30.

Award
When and in what form must the award be delivered?

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31.

Appeal
On what grounds can an award be appealed to the court?

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32.

Enforcement
What procedures exist for enforcement of foreign and domestic awards?

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33.

Costs
Can a successful party recover its costs?

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34.

Types of ADR
What types of ADR process are commonly used? Is a particular ADR process popular?

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35.

Requirements for ADR
Is there a requirement for the parties to litigation or arbitration to consider ADR before or during proceedings? Can the court or tribunal compel the parties to participate in an ADR process?

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36.

Are there any particularly interesting features of the dispute resolution system not addressed in any of the previous questions?

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Updates and trends

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Luther Rechtsanwaltsgesellschaft mbH is one of the top addresses among German commercial law firms. From our 10 German offices and eight international offices, our lawyers and tax advisors advise clients both in legal disputes and in organisational issues.

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Karl von Hase

karl.von.hase@luther-lawfirm.com

Düsseldorf

Graf-Adolf-Platz 15
40213
Düsseldorf
Germany

T: +49 211 5660 0
F: +49 211 5660 110

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