Möglichkeiten und Grenzen der Rechtswahl in Schiedsverfahren in Deutschland

The study focuses on the provision of Section 1051 of the German Code of Civil Procedure and its relationship to state collision law. The author addresses the question of the extent to which parties can determine the rules of law relevant for the decision on the merits when they enter into an arbitration agreement. § Section 1051 of the German Code of Civil Procedure (ZPO) contains little differentiated statements about the limits of the choice of law in arbitration proceedings and seems to be very liberal in comparison to the state IPR. Due to the fact that the legislator is not bound by the Rome I Regulation, the restrictions on the choice of law in arbitration proceedings do not apply directly. However, in view of the state's duty to protect private autonomy, individual provisions of the Rome I Regulation must be applied by analogy in arbitration proceedings.