Enforceability

Judgments administered by German State Courts, unless successfully appealed or reviewed, are final and binding. They can be enforced in Germany as well as in any EU and / or EFTA country in accordance to the applicable laws. They are also enforceable in other countries where Germany has established bilateral enforcement agreements. Outside the scope of such agreements, enforcement is difficult, and in practice sometimes impossible.

Arbitral awards issued by an arbitral tribunal in Germany, unless successfully set aside by a German state court, are also final and binding. They can be enforced in Germany as well as in more than 145 other countries signed to the 1958 UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"). Arbitration's most significant advantage is most probably its power of enforcement globally, making it an important instrument in the resolution of international disputes.

Expert determinations and / or amicable agreements reached by the parties in out-of-court mediation or conciliation proceedings are not enforceable. However, they can be made enforceable in Germany as well as in other countries. In order to render them enforceable in Germany they must be notarized by a Germany notary. To enforce them outside Germany it is possible to order an arbitrator to issue an award on agreed terms. Amicable agreements reached by the parties in court-annexed mediations are enforceable in Germany.