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Germany’s draft arbitration reform modernises ZPO: English-language court pathway, electronic awards, virtual hearings, dissenting opinions, publication of awards, foreign interim measures enforcement, and a narrow restitution remedy.

Published on: 12 March 2026

Published by a LexisNexis Arbitration expert
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The German Federal Ministry of Justice (Bundesjustizministerium) has unveiled a draft bill to update the arbitration provisions in the German Civil Procedure Code (ZPO). This represents the first thorough revision since 1998, after the 2024 effort failed when the then administration ended prematurely. Drawing on the 2024 public consultation, the proposal responds to central criticisms and primarily seeks to boost Germany’s appeal as a seat of arbitration. The key developments and their practical significance are set out below.

Form of the arbitration agreement

According to the revised Section 1031(1) ZPO, an arbitration agreement will be valid if it is made or recorded in writing, or via any medium that permits later access to the information. The rule is further modernised by removing outdated references, including to “telegrams”, and adopting a technology-neutral approach. This aligns with Option 1 in Article 7 of the 2006 UNCITRAL Model Law. In this respect, the new draft substantially diverges from the 2024 version, which would have dispensed with all formal requirements in commercial dealings...

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