Arbitral Digest

Matter

Applicant v Respondent (Bavarian Supreme Regional Court 101 Sch 171/25 e)

Case no.
101 Sch 171/25 e
Seat
Germany
  1. 3 November 2025Germany

    3 November 2025Germany

    Interim Decision of the arbitral tribunal dated 3 November 2025

    Arbitral Court of the German Chamber of Industry and Commerce

    Decision summary
    The arbitral tribunal held that it had jurisdiction to decide the claims brought by the Respondent against the Applicant under the subcontract, despite the Applicant's jurisdictional objections.

    Supporting details

    3 participants
    Applicant
    Respondent
    Arbitral Court of the German Chamber of Industry and Commerce

    1 month and 2 days later · 32 days

  2. 5 December 2025Germany

    5 December 2025Germany

    Order of the Munich Higher Regional Court dated 5 December 2025

    Munich Higher Regional Court

    Decision summary
    The Munich Higher Regional Court transferred the Applicant's application concerning the arbitral tribunal's jurisdiction to the Bavarian Supreme Regional Court as the competent court.

    Supporting details

    2 participants
    Applicant
    Respondent
    Munich Higher Regional Court

    6 months and 11 days later · 193 days

  3. 16 June 2026Germany

    16 June 2026Germany

    Order of the Bavarian Supreme Regional Court in the case 101 Sch 171/25 e dated 16 June 2026

    Bavarian Supreme Regional Court

    Case no.
    101 Sch 171/25 e
    Decision summary
    The Bavarian Supreme Regional Court held that the Applicant's challenge to the arbitral tribunal's jurisdiction was admissible and timely, but that no valid arbitration agreement had been established in the parties' bilingual subcontract. It declared the state courts competent to hear the Respondent's claims and ordered the Respondent to bear the costs.

    Supporting details

    20 authorities · 2 participants
    Applicant
    Respondent
    Bavarian Supreme Regional Court

    Authorities cited

    20
    • German Code of Civil Procedure (ZPO)
      statute
    • German Civil Code (BGB)
      statute
    • German Basic Law (GG)
      statute
    • German jurisdiction-allocation regulation for justice matters (GZVJu)
      statute
    • Munich Higher Regional Court Order dated 26 January 2016 (34 SchH 13/15, NZG 2016, 662)
      case-law
    • German Federal Court of Justice Order dated 27 March 2003 (III ZB 83/02, SchiedsVZ 2003, 133)
      case-law
    • Bavarian Supreme Regional Court Order dated 17 May 2023 (102 Sch 44/22)
      case-law
    • Bavarian Supreme Regional Court Order dated 19 August 2022 (102 SchH 99/21, NZG 2022, 1344)
      case-law
    • Order dated 8 May 2001 (4Z SchH 2/01)
      case-law
    • German Federal Court of Justice Judgment dated 17 May 2011 (XI ZR 352/08)
      case-law
    • Federal Constitutional Court Order dated 26 April 2004 (1 BvR 1819/00)
      case-law
    • German Federal Court of Justice Judgment dated 3 April 2000 (II ZR 373/98, NZG 2000, 897)
      case-law
    • Naumburg Higher Regional Court Order dated 20 January 2005 (10 SchH 2/04)
      case-law
    • German Federal Court of Justice Judgment dated 16 October 2012 (X ZR 37/12, BGHZ 195, 126)
      case-law
    • German Federal Court of Justice Order dated 24 July 2014 (III ZB 83/13, BGHZ 202, 168)
      case-law
    • Munich Higher Regional Court Order dated 18 December 2014 (34 SchH 3/14)
      case-law
    • Münch, Munich Commentary on the German Code of Civil Procedure, 6th ed. 2022 (Münch in Münchener Kommentar zur ZPO, 6th ed. 2022, § 1040)
      academic
    • Althammer, Zöller, German Code of Civil Procedure, 36th ed. 2026 (Althammer in Zöller, ZPO, 36th ed. 2026, § 1040)
      academic
    • German Federal Court of Justice Order dated 29 March 2018 (I ZB 12/17)
      case-law
    • Bavarian Supreme Regional Court Order dated 10 October 2022 (101 SchH 46/22, SchiedsVZ 2023, 100)
      case-law

Matter record

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Applicant v Respondent (Bavarian Supreme Regional Court 101 Sch 171/25 e) · Matter