Jurisdiction(s):
United Kingdom

Key definition

Award definition

What does Award mean? In arbitration practice, an award is the arbitral tribunal’s written decision that determines the parties’ claims, defences and the relief granted. Legislation governs its effect and form in England & Wales and Northern Ireland (Arbitration Act 1996), Scotland (Arbitration (Scotland) Act 2010) and Ireland (Arbitration Act 2010 implementing the UNCITRAL Model Law). Key features commonly include: writing, signatures, the date, identification of the seat, and reasons unless the parties agree otherwise. An award is generally final and binding as to the matters decided, subject only to limited statutory challenges (for example, lack of jurisdiction, serious irregularity, and in England...

Challenging German-seated arbitral awards: ZPO ss 1059–1065 grounds, procedure, time limits, court jurisdiction, and interaction with recognition and enforcement

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note examines the challenge of arbitration awards in Germany under German law. Note: German judgments are not reported by LexisNexis®.

Challenging awards in Germany-the relevant legal framework

The principal legal regime appears in sections 1059 et seqq. of the 10th Book of the Code of Civil Procedure, the Zivilprozessordnung (ZPO). The ZPO distinguishes between domestic and foreign awards by whether the arbitral tribunal that issued the award had its seat in Germany or abroad. For domestic awards, the grounds for setting aside and for refusing recognition and enforcement are contained in ZPO, ss 1059, 1060(2), and they mirror Article 34 of the UNCITRAL Model Law on International Arbitration (Model Law).

For foreign awards, recognition and enforcement are governed by ZPO, s 1061(1), which makes the New York Convention directly applicable. Only minor differences exist between the bases for challenging domestic awards and for declining recognition and enforcement of foreign arbitral awards. Sections 1062–1065 ZPO regulate the applicable procedure and jurisdiction for both domestic and foreign awards. This Practice Note focuses on the formal requirements and the grounds for challenging domestic arbitral...

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Susanne Schwalb

CMS

Susanne Schwalb primarily advises and represents clients in international arbitration proceedings. She has a focus on international commercial arbitration and the protection of foreign investments where she advises both on the structuring of investments and in contentious proceedings. Susanne also has extensive practical experience in third-party funding.In commercial arbitration, Susanne represents clients in post-M&A disputes as well as in disputes concerning failed (large-scale) projects, in particular in the technology, life sciences, infrastructure and energy sectors. She has specific experience in disputes over cross-border projects that involve numerous jurisdictions and applicable laws, as well as in arbitration proceedings against State-owned entities. When it comes to the protection of foreign investments, Susanne provides advice on the planning and implementation of investments as well as during the investment period. She also represents clients in investor-State arbitration proceedings and related domestic court...

Dr Evgenia Peiffer

CMS

Dr Evgenia Peiffer is counsel in the dispute resolution team at CMS Hasche Sigle, Munich, with over a decade of experience in international commercial disputes. She acts both as counsel and as arbitrator, regularly appearing before arbitral tribunals and state courts. Her practice spans infrastructure and energy projects, as well as disputes arising from distribution, M&A, supply, service, and licensing agreements. With Eastern European roots and language skills, she has developed particular expertise in matters involving that region. Evgenia Peiffer is widely recognised for her knowledge of private international law and procedural law, and she frequently publishes and speaks on cross-border dispute resolution.Her professional excellence has been acknowledged in Best Lawyers Germany 2023 and 2024 in the categories of International Arbitration, Dispute Resolution, and Arbitration/Dispute Resolution/Mediation, and she has been named a Top Lawyer for Arbitration by...

Web page updated on 27/05/2026

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