Humboldt-Universität zu Berlin - Prof. Dr. Giesela Rühl

Humboldt-Universität zu Berlin | Faculty of Law | Prof. Dr. Giesela Rühl | News | New Publication: International Commercial Courts in Germany - Competition for International Commercial Arbitration?

New Publication: International Commercial Courts in Germany - Competition for International Commercial Arbitration?



For many years, complaints have been made that the German judiciary is losing ground in competition with foreign courts and arbitration. With the German 'Justizstandort-Stärkungsgesetz' of October 7, 2024, the legislator is attempting to address this trend by introducing new regulations for the settlement of international and high-volume commercial disputes. These provide for 1) the creation of a fully English-language procedure, 2) the establishment of specialized tribunals for high-volume commercial disputes (so-called commercial courts) and 3) the establishment of new provisions for the protection of business secrets in civil proceedings.

In the latest issue of the 'Zeitschrift für die gesamte Privatrechtswissenschaft' (ZfPW 4/2024, p. 397 ff.), Prof. Rühl takes a look at the new law and examines its strengths and weaknesses. Her conclusion is mixed: While the new regulations for (high-volume) national disputes - assuming clever implementation by the federal states - can certainly make a difference, its effect on international disputes will in all likelihood remain limited.

 

IMG_0580-1.jpg

 

IMG_0581.jpg