Contracts concluded under the Einheitsbedingungen im Deutschen Getreidehandel are subject to an arbitration agreement. According to § 1 Standard Terms and Conditions, all disputes arising from the agreements shall be settled by an arbitration court set up at a German grain and products exchange (commodity exchange or Börsenverein). The way to the state courts is thus not given for contentious claims. This is very useful on a regular basis, as quick results can be achieved in arbitration proceedings. The decision is made by arbitrators who are very familiar with the peculiarities of agricultural trade.
O&W Attorneys at Law specialize in arbitration proceedings in connection with the uniform conditions in the grain trade. We represent you before all German arbitration courts in contract law disputes according to the standard terms and conditions. Call us at 040 /369615-0 or send us an E-Mail..
Arbitration agreement according to unit conditions
The parties are free to agree upon an arbitral tribunal themselves, which shall decide on the disputes. In the absence of such an agreement, the competent arbitral tribunal shall be governed by the standard terms and conditions:
- If both sides belong to the same grain and products exchange, the court of arbitration shall have jurisdiction
- if they belong to several grain and product exchanges, the seller may choose from an arbitration of these exchanges,
- In all other cases the seller has the right to determine the arbitration court, if he does not exercise this within three business days, the right passes to the buyer
The procedure before the arbitral tribunal shall be governed by the rules of the respective arbitral tribunal. In Hamburg, for example, the Rules of Arbitration apply to the Arbitration Court of the Association of Grain Traders of the Hamburg Stock Exchange e.V. The Rules of Arbitration regulate the composition of the Arbitration Court, the course of the actual arbitration proceedings, the costs and the proceedings before a Higher Arbitration Court.
Dieser Artikel wurde am 9. August 2018 erstellt. Die fachliche Zweitprüfung hat Rechtsanwalt Dr. Tristan Wegner durchgeführt.