Caspar Baumeister: Einstweiliger Rechtsschutz im Schiedsverfahrensrecht, Gebunden

Klappentext

Arbitral tribunals are already capable of granting interim relief, as provided for in section 1041(1) of the German Code of Civil Procedure (ZPO). Their orders may also be declared enforceable by the Higher Regional Court pursuant to section 1041(2) and (3) ZPO. However, two conceptual deficiencies remain. First, an arbitral tribunal must be constituted before it can grant relief. Second, the procedure for obtaining a declaration of enforceability takes time, thereby reducing the effectiveness of interim protection.

Caspar Baumeister proposes addressing these shortcomings through the introduction of statutory provisions governing the so-called Emergency Arbitrator . This is a neutral decision-maker who is appointed solely for urgent applications before the constitution of the arbitral tribunal and can therefore bridge the gap until the tribunal is formed. In addition, he develops proposals to simplify and accelerate the procedure for declaring interim measures enforceable, for example by aligning the applicable standard of review more closely with that used for arbitral awards.

Beyond these specific reforms, the study offers a comprehensive and chronological analysis of all stages of interim-relief proceedings, drawing on comparative-law perspectives as well as current reform initiatives and proposals. The discussion ranges from the catalogue of interim measures available to arbitral tribunals, to the possibility of dispensing with a hearing of the respondent ( ex parte proceedings), and to the remedies available against decisions rendered by arbitral tribunals. The complex relationship between arbitral tribunals and state courts-which may likewise order interim measures under section 1033 ZPO-is also examined in detail. Each chapter concludes with concrete legislative proposals, culminating in a comprehensive draft for a modernised German arbitration law framework governing interim relief.