Find Lawyers in Stuttgart, Germany for International Arbitration
Practice Area Overview
International Arbitration is the preferred means for resolving international commercial and investment disputes. As the international commerce and foreign investments expanded, international arbitration has become more and more important. Over the past 30 years the reported cases at the leading arbitral institutions increased between three and five-fold. In addition, new arbitral institutions have been founded. Today, parties in commercial negotiations and transactions devote more attention to the issue of dispute resolution, and often opt for arbitration.
International commercial arbitration is based on party autonomy. In their desire to find a neutral forum and an efficient, economic, enforceable and confidential method to resolve their disputes, the parties agree to submit their disputes to renowned arbitrators by excluding the original competence of state courts. The procedural flexibility and party autonomy allow to adapt the proceedings to specific circumstances and e.g. to provide for remote hearings and a flexible taking of evidence.
Arbitration agreements are backed by international arbitration conventions and by national arbitration legislation (increasingly based on the UNCITRAL Model Law), which establish an arbitration friendly regime. In particular, the New York Convention, signed in June 1958, with currently 168 contracting states provides for the recognition and enforcement of arbitration agreements and international commercial arbitration awards, safeguarding the enforcement in all contracting states.
By agreeing to arbitration the parties retain a high degree of control over the process, select the applicable framework (ad-hoc or institutional arbitration), the applicable procedural and substantive law and may chose arbitrators with particular technical or legal expertise best suited to grasp the intricacies of the particular dispute or the choice of law.
Most lawyers in the field of international arbitration serve as counsel and arbitrators. Arbitration practitioners are used to work in different jurisdictions and on the basis of many different laws. They utilize their unique skill set to bridge cultural gaps and are well versed in industry specific trade customs and procedures. In international arbitrations, practitioners benefit from different language skills. The task as counsel encompass the pre-trial evaluation, the development of conflict resolution strategies and the enforcement of awards. This highly specialized practice area requires vast experience in litigation and arbitration as well as familiarity with alternative dispute resolution tools (e.g. conciliation, mediation, expert determination, dispute boards).
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Gert Brandner studied international business law at the University of Freiburg and the University of Aberdeen. Whilst studying for his doctorate (Dr. jur.), Gert Brandner was an assistant at the Department of Business law of Professor Blaurock in Freiburg. Gert Brandner is a member of the International Bar Association (IBA) and of the German Arbitration Institute (DIS). He is a lecturer at the University of Applied Sciences in Esslingen and at the Stuttgart Bar Association.
After studying at the universities of Tübingen and Bonn, Klaus Gerstenmaier took his doctorate degree at the University of Göttingen (Dr. jur.). He lectures and publishes regularly, especially on arbitration law, and is a lecturer for International Arbitration at the University of Konstanz. Klaus Gerstenmaier was the German member of the ICC International Court of Arbitration, Paris, he is a member of the board of the German Arbitration Institute (DIS), Past Chair of the Litigation ...
Roland Kläger studied law at the University of Freiburg and holds a doctor of laws (Dr. jur.) from the University of Tübingen. He worked as a research fellow at the University of Freiburg, as a visiting fellow at the Lauterpacht Centre for International Law of the University of Cambridge and practised dispute resolution in a big international law firm in Frankfurt. Roland Kläger holds various positions in the arbitration community and is e.g. co-chair of the arbitration and lit...
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