This presentation addresses Basics regarding Arbitration, Arbitration Board and Procedure, Costs of Arbitration, and of course the Advantages and Disadvantages of Arbitration in Germany, from a German point of view.

1. Arbitration in Germany
Advantages and Disadvantages from a German point of view
Taiwan, 2005
www.eigerlaw.com

2. Overview
1. Basics
2. Arbitration Board and Procedure
3. Costs of Arbitration
4. More Advantages of Arbitration
5. Summary

3. 1. Basics
1. Method of dispute resolution
2. History of arbitration
3. Institutional and “Ad-hoc”-arbitration
4. Popular German arbitration institutions
5. Arbitration agreements and statutes
6. Some case examples
○ Arbitration tribunal of the Hamburg Chamber of Commerce
○ WIPO Trademark Arbitration
○ WIPO Mediation Followed by Expedited Arbitration
○ WIPO Expedited Arbitration

4. 2. Arbitration Board and Procedure
1. Chosen by the parties
2. Expert knowledge (IP-specific arbitrators)
3. Language can be chosen
4. Regular Courts Involvement
○ Preliminary relief
○ Trial by the Records and Proceedings on a Bill of Exchange
○ Appeal ability very restricted
○ Decision has to be declared enforceable

5. 3. Costs of Arbitration
1. Sole arbitrator or board of three
2. Costs supposed to be lower
3. Amount in dispute (example)

6. 4. More Advantages of Arbitration
1. Needs less time
2. No conflict about international competence
3. Atmosphere of trust
4. No public disclosure of documents
5. Representation by lawyers not absolutely required

7. 5. Summary
Advantages:
● “Judges” chosen by parties
● More flexibility
● Reduced costs
● Closed to public
● International enforceability
Disadvantages:
● Sometimes higher costs
● National enforceability
● Risk of splitting

8. Q & A

9. Thank you for your attention!