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The German Justice Ministry has proposed the creation of English language commercial arbitration courts which could hear international disputes on German soil, as the country aims to overtake the UK and France as the preferred jurisdiction for commercial arbitration in Europe.
Leaders League x English language commercial arbitration
The German Justice Ministry has proposed the creation of English language commercial arbitration courts which could hear international disputes on German soil, as the country aims to overtake the UK and France as the preferred jurisdiction.
English-language chambers already exist in Hamburg and Frankfurt, and in some other European countries already, the Netherlands and France, but this move would extend the use of English as the lingua franca for international commercial disputes across country and for the entire proceeding, including written submissions and judgment.
Major European countries have locked horns for years in an effort to be the main location of international arbitration and in the wake of Brexit, Berlin now spies a unique opportunity.
Despite its merits, the plan faces major obstacles, however. For the new system to work, Germany needs a large pool of judges who are highly proficient in legal English, but also well-versed in high-profile commercial disputes. But the proposal has the potential to significantly strengthen Germany’s standing as a venue for international commercial disputes, should it be given the green light.
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