Gerichtsstandsvereinbarungen und Schiedsvereinbarungen im Vergleich

Both international choice of court agreements and arbitration agreements allow contracting parties to regulate in advance where and how potentially arising disputes are to be settled. The fact that both types of agreements fulfill the same function is not reflected in statutory framework. While choice of court agreements are governed in particular by Sections 38 and 40 of the German Code of Civil Procedure (ZPO) and the Brussels Ibis Regulation, arbitration agreements are governed by the Tenth Book of the ZPO and international conventions. The thesis examines and compares the relevant provisions in seven legal sources. In doing so, it identifies similarities as well as contradictions, for example in the area of consumer protection.