Beschlussmängelstreitigkeiten in Personengesellschaften und ihre Entscheidung vor Schiedsgerichten

After decades of dispute about the treatment of defects in partnership resolutions, the legislator has achieved clarity through the MoPeG. The author evaluates the new regulation and identifies further need for change. In particular, she advocates the application of the rescission model to all partnerships and the creation of alternative legal consequences to resolution cassation. The second part of the paper deals with the involvement of arbitration courts in disputes over defective resolutions under partnership law. Based on the fundamental decision "Schiedsfähigkeit III", the requirements for the arbitration agreement are examined in more detail.