An arbitration agreement determines whether a commercial dispute is to be decided by a private tribunal. Before commencing proceedings, we review the agreement’s validity and scope, the seat, governing law and institutional rules. Institutional and ad hoc proceedings differ in administration, procedure and cost.
Procedure and practical preparation
Preparation includes the claim or defence, arbitrator selection, a procedural timetable and the organisation of documents, witnesses and technical evidence. Confidentiality must be checked against the actual agreements and applicable rules; it is not an unlimited automatic guarantee. Arbitration is not necessarily cheaper or faster than litigation. An award is not subject to an ordinary appeal on the full merits. Procedural objections must therefore be considered in time, and enforcement planning should begin before the award, particularly where assets are located abroad.
Four practical examples
These are illustrative situations, not descriptions of particular client matters or promises of an outcome.
1. DIS supply dispute
A manufacturer and a foreign buyer disagree about acceptance. The clause, applicable DIS rules, seat and technical evidence shape the procedural plan.
2. Conflicting contract terms
An order and its confirmation contain different dispute clauses. Performance of the supply contract does not necessarily resolve whether arbitration was agreed.
3. Experts in two countries
Access to equipment, samples, methods and language should be organised early so that findings remain traceable and can be tested fairly.
4. Settlement during arbitration
Payment and delivery obligations need clear deadlines. An award on agreed terms may be considered where appropriate, including its intended enforcement country.
Documents for the initial review
Please keep the complete correspondence, contracts, decisions and service records available. Identify any deadlines and the person coordinating information within your business. The initial review determines the correct procedure and the further evidence needed; it does not replace a filing with the court or authority.
Related guidance
Strategy and costs · Settlement · Enforcement
Legal framework
Updated 13 November 2026. This guide concerns German proceedings; special statutory rules and international instruments may affect the individual case.