Disposition über die Öffentlichkeit im Zivilprozess?

The actuality of this topic arises from the development of German law in the area of trade and business law. The number of cases before district courts has decreased and disputes in these areas of law are increasingly being resolved by courts of arbitration. Since the non-public nature and confidentiality of this kind of court are extolled as their pivotal advantages, that is where this dissertation begins its search for ways to offer increased confidentiality to parties before state courts upon their request. The study examines whether disposition authority can be derived de lege lata and what an arrangement de lege ferenda would require. Ultimately, the work develops the abstract requirements a new provision would have to meet and, in that context, addresses existing proposals. It subsequently presents and discusses a concrete proposal for a new §169a of Germany’s Judicial Systems Act (Gerichtsverfassungsgesetz).