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Tag Archives: German Supreme Court

German Courts Emphasize Supremacy of Parties’ Agreements on Arbitration Procedure

In a landmark decision on 17 February 2011, the Higher Regional Court of Frankfurt (OLG Frankfurt) has strengthened the supremacy of parties’ procedural agreements over the arbitral tribunal’s procedural discretion (26 Sch 13/10). The German Supreme Court upheld the court’s decision, rejecting Claimant’s appeal (III ZR 8/11).    In the case before the OLG Frankfurt, a distinguished DIS Arbitral Tribunal had issued a procedural order, containing detailed directions for the taking of expert evidence. Those directions had been subject to extensive negotiations between the parties and the arbitrators, and were