Jurisdiction and Cross-Border Commercial Mediation in the EU

By Prof. Dr. Renate Dendorfer-Ditges & Philipp Wilhelm, DITGES PartGmbB

Mediation is increasingly considered as an alternative to settle commercial cross-border disputes. Regularly the question is raised whether the result of mediation will be enforceable. In this respect, it is advisable to draft the final agreement enforceable according to the law of that state in which enforcement is expected, e. g. as a notarial deed (see sec 794 para 1 no 5 German Code of Civil Procedure/ZPO), a settlement reached among attorneys (see sec 796a, sec 796b ZPO), or a settlement concluded by the parties before a court (see sec 794 para 1 no 1 ZPO).

If the final agreement is an enforceable deed according to the law of one state, the enforcement in another state depends on relevant bilateral or multilateral international treaties. Within the EU, the Regulation (EU) 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels-Ia) is applicable in civil and commercial matters provided the defendant is domiciled within the scope of the Regulation.

Besides enforceability, also questions regarding the competent jurisdiction for contracts related  to crossborder commercial mediation are of relevance. It is advisable that parties enter into according choice-of-court agreements (art 25 Brussels-Ia) for disputes in regard of the mediation proceeding.

If such choice has not been made, the Brussels-Ia Regulation provides guidelines: a party can foremost be sued at his domicile (art 4 (1) Brussels-Ia). The place of fulfillment (art 7 (1) (a) Brussels-Ia), i.e. the place of performance of the main obligation, is equally significant. A mediator could sue multiple parties at the place where any one of them is domiciled (art 8 (1) Brussels-Ia). Otherwise, the mediator could sue the parties separately at the place of performance of his mediation services (art 7 (1) (a) and (b) Brussels-Ia).


Prof. Dr. Renate Dendorfer-Ditges, Partner
DITGES PartGmbB, Rechtsanwälte Wirtschaftsprüfer Steuerberater, Bonn, Germany
T: +49 228 6046010
E: This email address is being protected from spambots. You need JavaScript enabled to view it.; W: www.ditges.de

 

 

 

 

Philipp Wilhelm, Associate
DITGES PartGmbB, Rechtsanwälte Wirtschaftsprüfer Steuerberater, Bonn, Germany
T: +49 228 6046010
E: This email address is being protected from spambots. You need JavaScript enabled to view it.; W: www.ditges.de

 

 

 

 

Prof. Dr. Renate Dendorfer-Ditges LL.M. is partner at DITGES PartGmbB, admitted to the German and New York bars. Her expertise covers all areas of dispute resolution, especially arbitration and mediation. She is also working as a Professor of Law at the DHBW Ravensburg and as Honorary Professor
at the EBS University for Economics and Law in Wiesbaden.

Philipp Wilhelm LL.M. is associate at DITGES PartGmbB, admitted to the German bar. His expertise  covers all areas of commercial and contract law. His master thesis was related to international arbitration.

DITGES is a well-established law firm in Bonn. DITGES offers strong expertise in the areas of bank law, tax law, commercial law, labour law as well as for all methods of dispute resolution. The firm’s experienced team is active in a number of domestic as well as international organizations and
supervisory bodies and provides services for corporate and private clients in English and German.


published: September 2015

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