Not less than 85%-90% of all M&A disputes in Germany are settled by arbitration.
The seminar of the RAA and German-Russian Association of Lawyers (DRJV e.V.) was held on 26th May in 2016. The seminar took place in the Moscow office of King & Spalding and was devoted to dispute resolution in German-Russian businesses.
In a welcoming speech, Dmitriy Marenkov, the representative DRJV e.V., spoke about the Association, stressing the relevancy of the topic of the event.
At the first session, Axel Boes, Counsellor at Norton Rose Fulbright specializing at dispute resolution in German-Russian businesses, told about the German judicial system and the distinctions of the judicial process in Germany.
Alexander Bezborodov, senior partner at Beiten Burkhardt, member of the RAA, told about the experience of working with foreign clients and about the German colleagues' impression of Russian courts. Alexander also pointed out that arbitration was the preferred method of resolving disputes, and, if an arbitration procedure, a non-pathology of a warranty and a validity of a contract are properly followed, then in case of an origin of a dispute it would be possible to obtain an impartial decision of a neutral forum and execute it easily.
The performance of Ilya Rechkov, partner at King & Spalding, continued the topic about a recognition and an enforcement of judicial and arbitral decisions. Ilya gave a great number of examples from judicial practices in his presentation.
Andrey Panov, senior lawyer at Norton Rose Fulbright, member of the RAA, told about the current practices of the RAA including the work on corporate disputes of the RAA working group, in which Andrey plays a key role.
An attorney Rustem Karimullin made a presentation on the peculiar features of making arbitration clauses in Russian-German business.
Dr. Antonida Netzer, Deutsche Institut für Schiedsgerichtsbarkeit (German Institution of Arbitration), in her presentation demonstrated that arbitration in Germany was definitely a great alternative to state courts. It is important to stress that not less than 85%-90% of all M&A disputes in Germany are settled by arbitration, and up to 70% of arbitral decisions are executed voluntary which illustrates a high level of arbitration culture in Germany.
