Originally from International Arbitration Court Decisions - 3rd Edition

GERMANY

JUDGMENT BY THE FEDERAL SUPREME COURT OF GERMANY RENDERED IN 2004 IN CASE II ZR 65/03

Subject Matter:
Whether a dispute regarding the payment of the initial contribution to a limited liability corporation is arbitrable.

Finding:
Disputes concerning the payment of the initial capital share of a limited liability company were arbitrable under previous German Arbitration law. Parties may refer such disputes to arbitration under the new Arbitration Act; the arbitrability test under the new Arbitration Act being whether there is an economic interest at stake.

Parties:
Not disclosed
Place of Court Proceedings:
OLG Schleswig, BGH Karlsruhe, Germany1

Applicable Law:
The German Arbitration Act in the version being in force until December 31, 1997, section 1025 subsection 1.