As international arbitration lawyers in Hamburg we help our clients to optimize their legal position and to ensure that their contractual partners observe all agreed obligations. We either represent parties to disputes or act as arbitrators.
In the last years many companies chose arbitration tribunals to settle disputes. First, arbitration is usually much cheaper than regular litigation. Secondly our arbitration lawyers state that the average time from filing arbitration until an award might only take a few months in Hamburg. However, the time may vary according to the underlying arbitrational code.
Arbitration in Hamburg/Germany
Hamburg has been known for its commerce since antiquity and was one of the first cities establishing a commercial arbitration. We help our clients with arbitral proceedings in Hamburg and our particular points of interest include:
- Hamburg Friendly Arbitration
- Arbitration court of the Association of the German external trade in grains, animal feed, oilseeds and pulses (Einheitsbedingungen)
- Court of Arbitration of the Hamburg Chamber of Commerce
- GROFOR arbitration
- Logistics Court of Arbitration at the Hamburg Chamber of Commerce
- Court of Arbitration of the German Coffee Association at Hamburg Chamber of Commerce
- Court of Arbitration of the Waren-Verein
- international arbitration (GAFTA or FOSFA Arbitration)
- German Institution of Arbitration (DIS-Arbitration)
Court of the Association of Companies Involved in the Drugs and
Chemicals Wholesale and Foreign Trade (Drogen- und
We also represent our client in international arbitration proceedings e.g.
- GAFTA arbitration
- FOSFA arbitration
- London Court of International Arbitration (LCIA)
- United Nations Commission on International Trade Law (UNCITRAL)
- International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (ICAC)
- International Chamber of Commerce (ICC) arbitration
- Stockholm Chamber of Commerce (SCC)
- China International Economic and Trade Arbitration Commission (CIETAC)
- Dubai International Arbitration Centre (DIAC)
- Hong Kong International Arbitration Centre (HKIAC)
- Vienna International Arbitration Centre (VIAC)
- Zurich Chamber of Commerce (ZCC)
Arbitration in Germany – how can we help?
Our lawyers specialising in arbitration law are acting as counsel or as arbitrator in international commercial arbitrations. Our arbitration lawyers have special and longstanding expertise in both domestic and cross-border business-arbitrations. Our team has sound knowledge of all German arbitration institutions, their regulations practices.
All lawyers of O&W are multilingual counsels and speak English and German. Our solicitor Gemma Sanz Puig also speaks Spanish as her native tounge.
Drafting arbitration agreements
Further to arbitration board proceedings we help our clients to avoid disputes and to foresee potential problems. Thus we help our clients drafting international contracts together with arbitration agreements. We think that lawyers should not only assist in lawsuits but should already prevent unnecessary legal disputes proactively.
Arbitration – areas of specialization
- International contract and sales law, Incoterms, UCP 600
- commercial law (e.g. warranty rights)
- law of international civil procedure
- construction, systems and mechanical engineering
Advantages of arbitration
In recent years, there has been a trend among many companies to exclude the normal state courts and instead to agree on a court of arbitration. Arbitration proceedings are generally less expensive than regular state court proceedings. In addition, arbitration proceedings are usually conducted quickly. In Hamburg arbitration proceedings in particular, there are often only a few months between the submission of an arbitration claim and a decision.
- Arbitration proceedings are not public and confidential
Arbitration proceedings are generally not public. This applies both to the pleadings exchanged and to the hearing. Only the arbitrators and, if applicable, the lawyers are present in the arbitration proceedings. Only if the parties agree may other persons be present at the hearing. Confidential information and trade secrets are thus hidden from the public.
- Arbitrators are experts in their field
Arbitrators, unlike state judges, are experts in their field. It is up to the parties to choose their own arbitrator and thus to incorporate the relevant expertise. In this way, particularly lengthy processes with expert opinions, which often lead to unexpected results before state courts, can be avoided.
Companies are often concerned that in cross-border disputes, a state court is on the side of the one who comes from the same country where the court is located. This concern can be addressed in arbitration proceedings, since a neutral arbitral tribunal can be chosen by choosing arbitrators from states that are not affiliated with the parties.
- Arbitral awards are enforceable
Arbitral awards are enforceable, as are state judgments. In Germany, only an application for enforceability must first be filed with a state court, which no longer examines the content of the arbitral award. In other countries, the arbitral award is usually even easier to enforce, as the New York Convention regulates the recognition of foreign arbitral awards in many states. Thus arbitral awards are enforceable in approx. 75% of all countries of the world.
- Costs and time savings
Arbitration proceedings bring a considerable time advantage. In most cases, only a few months elapse between the filing of the arbitration claim and an arbitral award. Moreover, some arbitration rules do not provide for a second instance, so that the decision can no longer be challenged. Since expert reports are usually not necessary, considerable costs can also be saved.