Arbitrating Corporate Disputes – German Approaches and International Solutions to Reconcile Conflicting Principles

Contemporary Asia Arbitration Journal, Vol. 8, No. 1, pp. 29-60, May 2015

32 Pages Posted: 31 May 2015

Date Written: May 29, 2015

Abstract

Arbitration as a means of private dispute resolution has been gaining more and more popularity over recent years, exceeding its traditional realm of commercial and construction disputes and gaining a foothold in the areas of consumer, finance and investment law. Corporate disputes, formerly almost exclusively decided by state courts, are another area in which the use of arbitration has become more and more prevalent. As will be shown, this comes with its own set of problems. This article sheds some light on the pertinent issues arising when the corporate and arbitration “worlds collide”, and on the approaches developed in German jurisprudence to reconcile the inherent tensions arising when arbitrating corporate disputes.

Keywords: corporate law, shareholder claims, intra omnes, in rem, inter partes, public policy, German approach, arbitrability, Schiedsfähigkeit II (Arbitrability II), nullification of shareholders’ resolution

Suggested Citation

Markert, Lars A., Arbitrating Corporate Disputes – German Approaches and International Solutions to Reconcile Conflicting Principles (May 29, 2015). Contemporary Asia Arbitration Journal, Vol. 8, No. 1, pp. 29-60, May 2015, Available at SSRN: https://ssrn.com/abstract=2612404

Lars A. Markert (Contact Author)

Nishimura & Asahi ( email )

Ark Mori Bldg. 28F
Akasaka 1-12-32, Minato-ku
Tokyo, 107-6029
Japan

HOME PAGE: https://www.nishimura.com/en/attorney/0622.html

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