Der Schutz der Schiedsvereinbarung

Arbitration agreements are intended to ensure efficient proceedings in front of a panel with high expertise, leading to a globally enforceable decision. Legal practice, however, shows that it is not uncommon for one of the two parties to attempt to sabotage this procedure by bringing lawsuits before state courts. The author examines in detail whether the other party may, in response, claim damages for breach of the obligation to settle the dispute by arbitration. He approaches the issue from a comparative law perspective and then develops a system of rights arising from irregularities in the performance of arbitration agreements. He also answers the question of whether and to what extent claims for damages are compatible with European civil procedural law. The thesis concludes with concrete proposals on how the protection of arbitration agreements can be improved by contractual damage claims and contractual penalties.