Kluwer: Second Chances in Arbitration – The German Federal Court of Justice Clarifies Conditions for Remittal to the Arbitral Tribunal
Published on February 27, 2026
With its decision of 18 December 2025 (I ZB 42/25), the Federal Court of Justice (“Bundesgerichtshof” or “BGH”) has delivered a rare clarification on the scope and limits of judicial remittal to the arbitral tribunal under §1059(4) of the German Code of Civil Procedure (“ZPO”) following the setting aside of a domestic arbitral award.