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Nils Schmidt-Ahrendts´ and Dr. Dirk Wiegandt’s article in the ASA Bulletin

Nils Schmidt-Ahrendts' and Dr. Dirk Wiegandt's article in the ASA Bulletin

In the latest issue of the ASA Bulletin, HANEFELD‘s Nils Schmidt-Ahrendts and Dr. Dirk Wiegandt discuss a recent decision of the German Federal Court of Justice (BGH) that quashed an arbitral award for violating public policy due to the misapplication of core antitrust rules. In doing so, the BGH ruled that awards are subject to a full review in fact and law in annulment proceedings as regards the proper application of core antitrust rules (KZB 75/21).

Nils Schmidt-Ahrendts and Dr. Dirk Wiegandt explain why this decision does not come as a surprise and should not be seen as a departure from the BGH’s general pro-arbitration approach. At the same time, it serves as a reminder that parties to disputes raising antitrust issues should entrust their dispute to arbitrators who are not only arbitration experts, but also have a deep understanding of antitrust law.

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HANEFELD Rechtsanwälte