Jurisdiction(s):
United Kingdom

Key definition

Availability definition

What does Availability mean? In asset-based lending, availability is the borrowing headroom a borrower can draw at a given time, calculated by reference to the agreed borrowing base. It is a commercial term used in ABL facility agreements rather than a concept defined by legislation or case law in England & Wales, Scotland, Northern Ireland or Ireland. Availability typically equals the sum of advance rates applied to eligible asset classes (commonly receivables and inventory/stock, and sometimes plant and machinery or real estate components) less agreed reserves and less current utilisation, and is always capped by the facility limit. It is affected by eligibility criteria,...

Interim relief in arbitration under German law: court and tribunal jurisdiction, remedies, forum choice, enforcement, security and damages

Published by a LexisNexis Arbitration expert

Practice notes

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This Practice Note explores the availability of interim relief from German courts in aid of arbitration and the extent of arbitral tribunals’ powers to order such measures under German law. Note: all German judgments cited in this Practice Note are not reported by LexisNexis®.

Introduction to interim measures under German arbitration law

Germany is widely regarded as friendly to arbitration, a stance that includes facilitating interim measures (vorläufiger Rechtsschutz) to support arbitral proceedings. The statutory framework for arbitration is contained in the 10th book of the Code of Civil Procedure (Zivilprozessordnung (ZPO)). The German Federal Ministry of Justice has issued an unofficial English translation of the ZPO, and any quotations from the ZPO in this Practice Note draw on that version.

German arbitration law closely follows the uncitral model law on International commercial arbitration (1985). Consequently, inter alia, both the state courts and, once constituted, the arbitral tribunal share concurrent authority to grant interim measures in support of the arbitration (ZPO, ss 1033 and 1041(1)). German courts are confined to the enumerated types of interim relief that could be granted in domestic litigation proceedings, as set out...

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Web page updated on 21/05/2026

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