Selecting Dr. Probst as arbitrator for international commercial arbitration proceedings in Germany (e.g. DIS Rules), China (e.g. CIETAC South China, also known as the Shenzhen Court of International Arbitration, SCIA) or other countries and jurisdictions is an excellent decision. Dispute settlement and resolution using the methods of alternative dispute settlement is the preferred choice in international business contracts. Apart from the mentioned arbitration rules and institutions above, Dr. Probst can be appointed arbitrator or counsel in arbitral proceedings regardless of country or jurisdiction (e.g. New Zealand, Singapore, USA).
Arbitration in Germany with German arbitrator
Dr. Probst works as an arbitrator in Germany based in Berlin. As a German arbitrator he is a member of the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit e.V., DIS) and listed as arbitrator in Germany. The DIS is the leading German arbitration institution and offers administrated arbitral proceedings pursuant to the DIS Arbitration Rules and other procedures of alternative dispute resolution (ADR).
Germany is a reliable country for domestic and international arbitration proceedings. It has a long-standing tradition as an arbitration-friendly jurisdiction. Germany’s arbitration law follows the structure and the wording of the internationally recommend UNCITRAL Model Law (1985) and provides a modern and up-to-date framework both for domestic as well as international arbitration. German courts take a friendly approach towards arbitration. Germany’s position internationally is a suitable seat for arbitration proceedings with arbitrators from around the world. This makes Germany a reliable and secure jurisdiction and seat for arbitral proceedings.
German arbitrator in Germany based in Berlin
Arbitration in China with German arbitrator
Dr. Probst is listed on the Panel of Arbitrators of the South China International Economic and Trade Arbitration Commission, also known as the Shenzhen Court of International Arbitration (SCIA) in Shenzhen, China. According to the rules of this arbitral institution only members listed on the Panel of Arbitrators may constitute the arbitral tribunal. Dr. Probst is one of the very few foreign arbitrators being listed right from the institution of the Shenzhen Court of International Arbitration (SCIA) and the only German national to be accepted on that list. As an arbitrator the qualification to bridge the gap between business partners from different cultures is very important.
The Shenzhen Court of International Arbitration was established in 2012. The SCIA is independent from the major Chinese arbitration institution China International Economic and Trade Arbitration Commission (CIETAC) which is based in Beijing. The SCIA previously was CIETAC’s Sub-Commission in Shenzhen.
The foundation of the new arbitral institutions may have some effect on existing arbitration agreements. In fact, older business contracts with an arbitration clause providing for arbitration in Shenzhen administered by CIETAC South China may have special attention. The change of arbitral institutions may have turned those clauses into stipulations that need clarification. PROBST AVISORY can help you get legally enforceable arbitration agreements with your business partner before a potential dispute arises and enforces valid clauses before Chinese or other arbitral tribunals.
German arbitrator for arbitration in China (e.g. arbitration with SCIETAC/SCIA Shenzhen)
When anger rises think of the consequences
Despite arbitration, it is the PROBST ADVISORY focus to prevent misunderstandings and unmet expectations in a business environment from growing to a dispute. Especially in international and cross cultural contexts, especially between business partners from Europe and the Asia-Pacific region, observing invisible issues is a key factor to fruitful negotiation and a successful project.
Achieving this requires using a variety of different, parallel running mechanisms to keep the communication channels open at all times. This will allow for (informal) negotiations and opens an option to settle rather than fight. It is particularly important to secure an ongoing business partnership for the future. This approach achieves reaching a higher likelihood of settlements and lower dispute management costs.
In case confrontation is inevitable, choosing PROBST ADVISORY for representation before state court or international commercial arbitration proceedings under various arbitration rules (German DIS rules, SCIETAC Shenzhen Court of International Arbitration (SCIA) or other rules) or places (e.g. Germany, New Zealand, Singapore, USA) is a good choice.