Rule Preliminary. Chapter 5: European order for payment procedure pursuant to Council Regulation (EC) No 1896/2006 Chapter 6: European small claims procedure pursuant to Council Regulation (EC) No 861/2007 : Amending text(s): 2011-10-21 (DEU-2011-L-89716) Act to amend §522 of the Code of Civil Procedure (ZPO). CIVIL PROCEDURE CODE AN ORDINANCE TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE PROCEDURE OF THE CIVIL COURTS. (1) The award shall be made in writing and shall be signed by the arbitrator or arbitrators. The parties shall be given advance notice of the intention to make an award without the arbitrator refusing to participate in the vote. In theory, pursuant to sec. 2 body or authority … (3) Unless otherwise provided in treaties, subsections 1 and 2 shall apply to foreign awards. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. (2) An award on agreed terms shall be made in accordance with section 1054 and shall state that it is an award. (1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. The request shall state the names of the parties, the subject-matter of the dispute and contain a reference to the arbitration agreement. (5) The court, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator. (1) Where a person dies, the succession of … (1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of subsection 3 of this section. (2) If the arbitration agreement grants preponderant rights to one party with regard to the composition of the arbitral tribunal which place the other party at a disadvantage, that other party may request the court to appoint the arbitrator or arbitrators in deviation from the nomination made, or from the agreed nomination procedure. h�bbd``b`.��@���;Hpl��Y�@�X��?�0 ��� 1 is situated in Germany. 3. 128a German Civil Procedure Rules (link to the English translation of the statute available here) German court hearings (mündliche Verhandlung) can be conducted via video conference (skype, zoom etc), but most German judges are sceptical and unfamiliar with these options. Pre Corona, this was simply not necessary and virtually no German civil or … h�b```"_�q�����bL, x��0��n�g70�`��N]�w!�A�c9�R��%B� 9��3�g�bۣ��pB.�у���?�Roh:�1d4�3�p���pU���0�9���a�� �����8�w��?�u���#[ ��~ �M:�C�H�06�vX�p���cW�� Unless it regards the application as inadmissible, the court shall execute the request according to its rules on taking evidence or other judicial acts. cited as the Civil Procedure Rules 1998— PART 1 OVERRIDING OBJECTIVE Contents of this Part The overriding objective Rule 1.1 Application by the court of the overriding objective Rule 1.2 Duty of the parties Rule 1.3 Court’s duty to manage cases Rule 1.4 The overriding objective 1.1.—(1) These Rules are a new procedural code with the overriding objective of enabling the court to … (4) Failing an agreement by the parties, and in the absence of provisions in this Book, the arbitral tribunal shall conduct the arbitration in such manner as it considers appropriate. German Civil Code BGB ... Translations may not be updated at the same time as the German legal provisions displayed on this website. (2) If the declaration of enforceability is to be refused, the court shall rule that the arbitral award is not to be recognized in Germany. Failing such determination, the number of arbitrators shall be three. Version of the Code of Civil Procedure dated 30 January 1877, promulgated in They replace the Rules of the Supreme Court 1965 and the County Court Rules 1981. Uniform Title Handelsgesetzbuch. (1) The arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal in accordance with subsection 2 of this section. GERMAN CRIMINAL CODE Criminal Code in the version promulgated on 13 November 1998, Federal Law Gazette [Bundesgesetzblatt] I p. 3322, last amended by Article 3 of the Law of 2 October 2009, Federal Law Gazette I p. 3214 GENERAL PART CHAPTER ONE THE CRIMINAL LAW FIRST TITLE APPLICATION, JURISDICTION RATIONE LOCI ET TEMPORIS Section 1 No … 2. The ZPO is based on the UNCITRAL Model Law on International Commercial Arbitration of 1985 (“ML”). (1) Where the mandate of an arbitrator terminates under section 1037 or 1038 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced. In the case of an award, enforcement of the award may not go beyond measures of protection. The period of time shall commence on the date on which the party making the application had received the award. (5) Setting aside the arbitral award shall, in the absence of any indication to the contrary, result in the arbitration agreement becoming operative again in respect of the subject-matter of the dispute. 3. Who may be joined as defendants. v��h�BZ�$�H� pl7�q��!WE2�N�dS�8���sњ������Ցi+@���B��l�j2vɤ�آ�&Ӏ. (1) Recourse to a court against an arbitral award may be made only by an application for setting aside in accordance with subsections 2 and 3 of this section. German Civil Code BGB of 18 August 1896 Civil Code in the version promulgated on 2 January 2002 (Federal Law Gazette [Bundesgesetzblatt] I p. 42, 2909; 2003 I p. 738), last amended by Article 2 (16) of the statute of 19 February 2007 (Federal Law Gazette [Bundesgesetzblatt] I p. 122) 1, no. The sources of the Spanish legal system are statutes, customs and general legal principles. 1 is situated in Germany. (3) Otherwise, subject to the mandatory provisions of this Book, the parties are free to determine the procedure themselves or by reference to a set of arbitration rules. At this moment a translation of Book 8 is integrated gradually. (3) Individual questions of procedure may be decided by a presiding arbitrator alone if so authorized by the parties or all members of the arbitral tribunal. The German Code of Civil Procedure is part of the German legal family and had a large influence on codifications no 2004-164 of 20 Feb. 2004) €€€€€€€Statutes and, when they are published in the … (5) Where there are several Higher Regional Courts ("Oberlandesgerichte") in one Land, the Government of that Land may transfer by ordinance competence to one Higher Regional Court, or, where existent, to the highest Regional Court ("oberstes Landesgericht") ; the Land Government may transfer such authority to the Department of Justice of the Land concerned by ordinance. Tenth Book of the Code of Civil Procedure Arbitration Procedure Sections 1025 - 1066 Chapter I General provisions Section 1025 Scope of application (1) The provisions of this Book apply if the place of arbitration as referred to in section 1043 subs. (2) An arbitration agreement relating to disputes on the existence of a lease of residential accommodation within Germany shall be null and void. 1[(3) It extends to the whole of Pakistan.] Title: Lebanese Code of Civil Procedure_AR_Full Version.pdf Author: abazovie Created Date: 4/12/2013 4:07:27 PM (2) The provisions of sections 1032, 1033 and 1050 also apply if the place of arbitration is situated outside Germany or has not yet been determined. h`/'p�ǨAJy,P��p�n�>��� q2��h�\��@�5�+ �L����0�q���2��{6)�Q � ��� (1) The parties shall be treated with equality and each party shall be given a full opportunity of presenting his case. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of that State and not to its conflict of laws rules. This Administrative Contact shall also be the Domain Holder ’ s authorized representative for receiving the service of official or court documents for the purposes of § 184 of the German Code of Civil Procedure and § 132 of the German Code of Criminal Procedure. Code of Civil Procedure. 3. Section 731 Procedure for winding-up of the partnership: Section 732 Return of objects: (2) It shall come into force on the first day of January 1909. [1st August , 1890] CHAPTER I PRELIMINARY Short title. Apart from that, the parties may agree otherwise on the consequences of default. "National Civil Procedure (Code) Act, 2017". (2) Unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it without sufficient justification. (4) For assistance in the taking of evidence and other judicial acts (section 1050), the Local Court ("Amtsgericht"), in whose district the judicial act is to be carried out, is competent. CIVIL PROCEDURE CODE AN ORDINANCE TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE PROCEDURE OF THE CIVIL COURTS. 3, the Higher Regional Court ("Oberlandesgericht") in whose district the claimant or the respondent has his place of business or place of habitual residence is competent. Section 1032 subs. 0 The notary shall refuse the declaration of enforceability, if the requirements of subsection 1, sentence 2 are not complied with. You Can Also Inspect Elements Via Right Click, Or Ctrl+Shift+I / Cmd+Opt+I. the civil ordinance of April 1667 ‘concerning the reform of justice.’ The first commentators on this text dealt, in regard to it, with ‘civil procedure’. The tradition lingered on and, under the Code of Civil Procedure of 1806, a Napoleonic code, the teaching of civil procedure was nothing more than the teaching of the Code. Implementing text(s): You can get this PDF in two ways. (4) In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction. The human person is the subject of rights from its birth to its death. This Ordinance may be cited as the Civil Procedure Code. The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act. to correct in the award any errors in computation, any clerical or typographical errors or any errors of similar nature. Ministry: Ministry of … The French Code has furthermore yielded an enormous influence on procedural codifications elsewhere. 17th December 1998. If the costs have not been fixed or if they can only be fixed once the arbitral proceedings have been terminated, the decision shall be taken by means of a separate award. Appendix; Forms; Act Detail; Act ID: 190805: Act Number: 05: Enactment Date: 1908-03-21: Act Year: 1908: Short Title: The Code of Civil Procedure, 1908: Long Title: An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. The French Law of Civil Procedure is representative for the Roman school and is said to be at the origin of the active judge doctrine. The way towards legal unity by means of a code of private law had been long and arduous. (3) The mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings, subject to the provisions of sections 1057 subs. The arbitrators are entitled to participate in any judicial taking of evidence and to ask questions. (3) If a challenge under any procedure agreed upon by the parties or under the procedure of subsection 2 of this section is not successful, the challenging party may request, within one month after having received notice of the decision rejecting the challenge, the court to decide on the challenge; the parties may agree on a different time-limit. (2) The form requirement of subsection 1 shall be deemed to have been complied with if the arbitration agreement is contained in a document transmitted from one party to the other party or by a third party to both parties and - if no objection was raised in good time - the contents of such document are considered to be part of the contract in accordance with common usage. the Federal Republic of Germany and the German Democratic Republic on the Establishment of German Unity (Unification Treaty) are no longer to be applied, cf. (2) Unless otherwise agreed by the parties, a party shall be bound by his appointment of an arbitrator as soon as the other party has received notice of the appointment. You can get this PDF in two ways. The Khmer version is the official version of the Code of Civil Procedure. Several Länder may agree on cross-border competence of a single Higher Regional Court. (1) If the claimant fails to communicate his statement of claim in accordance with section 1046 subs. The New German Arbitration Law - (English Translation), I. Tenth Book of the Code of Civil Procedure - (Zivilprozeßordung; ZPO), Section 1026 - Extent of court intervention, Section 1028 - Receipt of written communications in case of unknown whereabouts, Section 1031 - Form of arbitration agreement, Section 1032 - Arbitration agreement and substantive claim before court, Section 1033 - Arbitration agreement and interim measures by court, Chapter III - Constitution of arbitral tribunal, Section 1034 - Composition of arbitral tribunal, Section 1035 - Appointment of arbitrators, Section 1038 - Failure or impossibility to act, Section 1039 - Appointment of substitute arbitrator, Chapter IV - Jurisdiction of arbitral tribunal, Section 1040 - Competence of arbitral tribunal to rule on its jurisdiction, Section 1041 - Interim measures of protection, Chapter V - Conduct of arbitral proceedings, Section 1042 - General rules of procedure, Section 1044 - Commencement of arbitral proceedings, Section 1046 - Statements of claim and defence, Section 1047 - Oral hearings and written proceedings, Section 1049 - Expert appointed by arbitral tribunal, Section 1050 - Court assistance in taking evidence and other judicial acts, Chapter VI - Making of award and termination of proceedings, Section 1051 - Rules applicable to substance of dispute, Section 1052 - Decision making by panel of arbitrators, Section 1054 - Form and contents of award, Section 1056 - Termination of proceedings, Section 1058 - Correction and interpretation of award; additional award, Section 1059 - Application for setting aside, Chapter VIII - Recognition and enforcement of awards, Section 1064 - Particularities regarding the enforcement of awards, Chapter X - Arbitral tribunals not established by agreement, Section 1066 - Mutatis mutandis application of the provisionsof the Tenth Book. CIVIL CODE CIVIL CODE Translated by Georges ROUHETTE, Professor of Law, with the assistance of Dr Anne ROUHETTE-BERTON, Assistant Professor of English. Subjects. 4 does not apply, or, b) withdraws his claim, unless the respondent objects thereto and the arbitral tribunal recognizes a legitimate interest on his part in obtaining a final settlement of the dispute, or, the parties agree on the termination of the proceedings, or. PRELIMINARY TITLE OF THE PUBLICATION, OPERATION AND APPLICATION OF STATUTES IN GENERAL Articles 1 to 6 Art. Zivilprozessordnung (ZPO) is the German code of civil procedure.It was enacted in 1887. One is by donating any small amount. It is not incompatible with an arbitration agreement for a court to grant, before or during arbitral proceedings, an interim measure of protection relating to the subject-matter of the arbitration upon request of a party. A party who knows that any provision of this Book from which the parties may derogate or any agreed requirement under the arbitral procedure has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance without undue delay or, if a time-limit is provided therefor, within such period of time, may not raise that objection later. Law of succession which is provided starting from; Article 826:- Opening of succession. This translation was made from the Japanese text, and is subject to further review to reflect the Khmer original text more precisely. [2][(3) It extends to the whole of India except-(a) the State of Jammu and Kashmir; (b) the State of Nagaland and the tribal areas : (3) Sections 1036 and 1037 subs. BEFORE YOU DOWNLOAD, This is an Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. (2) The complaint on a point of law can also be based on the ground that the decision is based on a violation of a treaty. CIVIL PROCEDURE CODE (CPC) PDF DOWNLOAD (Free CPC PDF Download Link is at the Bottom. As well as the main body of the new rules (Parts 1—48), they also provide for certain specialist proceedings (Part 49) and transitional provisions (Part 51); the details of these are contained in practice directions. Civil proceedings are, in contrast, in the parties' hands. (5) Arbitration agreements to which a consumer is a party must be contained in a document which has been personally signed by the parties. CHAPTER ONE. The parties may so authorize the arbitral tribunal up to the time of its decision. (3) If the award is set aside abroad after having been declared enforceable, application for setting aside the declaration of enforceability may be made. German Code of Criminal Procedure (Strafprozeßordnung – StPO) Full citation: Code of Criminal Procedure as published on 7 April 1987 (Federal Law Gazette I, p. 1074, 1319), as last amended by Article 3 of the Act of 11 July 2019 (Federal Law Gazette I, p. 1066) table of contents. This Ordinance may be cited as the Civil Procedure Code. The German Advantage in Civil Procedure John H. Langbeint Our lawyer-dominated system of civil procedure has often been criticized both for its incentives to distort evidence and for the expense and complexity of its modes of discovery and trial." (1) Recognition and enforcement of foreign arbitral awards shall be granted in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 (Bundesgesetzblatt [BGBl.] 2. Also, any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to both parties. 1 (Ord. (1) The Higher Regional Court ("Oberlandesgericht") designated in the arbitration agreement or, failing such designation, the Higher Regional Court in whose district the place of arbitration is situated, is competent for decisions on applications relating to. The Code Of Civil Procedure, 1908. Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. The German Civil Code is a comparatively late fruit of the codification movement. Unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall hold such hearings at an appropriate stage of the proceedings, if so requested by a party. (1) The court shall decide by means of an order. (1) The arbitration agreement shall be contained either in a document signed by the parties or in an exchange of letters, telefaxes, telegrams or other means of telecommunication which provide a record of the agreement. The principle of official investigation applies to a small number of civil cases (for example, in … recognition or enforcement of the award leads to a result which is in conflict with public policy (ordre public). (1) "Arbitration agreement" is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. [2,20 of 1977] [2,79 of 1988] [2,20 of 1977] [2,20 of 1977] [2,20 of 1977] the civil ordinance of April 1667 ‘concerning the reform of justice.’ The first commentators on this text dealt, in regard to it, with ‘civil procedure’. In the first half of the nineteenth century, the various states joined in the Deutscher Bund (German Federation) had already started to accommodate the needs of an expanding economy that was operating … (2) The court shall order an oral hearing to be held, if the setting aside of the award has been requested or if, in an application for recognition or declaration of enforceability of the award, grounds for setting aside in terms of section 1059 subs. German Civil Code, the body of codified private law that went into effect in the German empire in 1900. The arbitral tribunal is empowered to determine the admissibility of taking evidence, take evidence and assess freely such evidence. 1, nos. English My DSpace; The Code of Civil Procedure, 1908. 1260 0 obj <>stream Therefore companies that for the peculiar activity carried out or because of social capital characteristics are excluded from the application of some articles of the Civil Code, find a complementary regulation in Special Laws outside the Code. 1, the arbitral tribunal shall terminate the proceedings. Therefore, users will find it particularly easy and predictable to apply. Chapter 1 Though it has been modified, it remains in effect. (1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if the respondent raises an objection prior to the beginning of the oral hearing on the substance of the dispute, reject the action as inadmissible unless the court finds that the arbitration agreement is null and void, inoperative or incapable of being performed.. (2) Prior to the constitution of the arbitral tribunal, an application may be made to the court to determine whether or not arbitration is admissible. 2, first alternative, nos. E;����������g8������)��G�@��ڡ�1��ТJ��1^c���� (2) If the place of arbitration in the cases referred to in subsection 1, no. (2) The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal. The Civil Procedure Code applies to the settlement of civil cases involving foreign element(s); where the international treaties to which the Socialist Republic of Vietnam is a signatory provide otherwise, the provisions of such … One is by donating any small amount. (3) Unless the parties have agreed otherwise, an application for setting aside to the court may not be made after three months have elapsed. The arbitral tribunal or a party with the approval of the arbitral tribunal may request from a court assistance in taking evidence or performance of other judicial acts which the arbitral tribunal is not empowered to carry out. 1.-(l) This Act may be cited as the Code of Civil Procedure, 1908. The code grew out of a desire for a truly national law that would override the often conflicting customs and codes of the various German t No agreements other than those referring to the arbitral proceedings may be contained in such a document or electronic document; this shall not apply in the case of a notarial certification. The parties may submit with their statements all documents they consider to be relevant or may add a reference to other evidence they will submit. No recourse against other decisions in the proceedings specified in section 1062 subs. (4) A copy of the award signed by the arbitrators shall be delivered to each party. (3) If the place of arbitration has not yet been determined, the German courts are competent to perform the court functions specified in sections 1034, 1035, 1037 and 1038 if the respondent or the claimant has his place of business or habitual residence in Germany. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties. Do not exit.) (3) Failing an agreement between the parties on the appointment of the arbitrators, a sole arbitrator shall, if the parties are unable to agree on his appointment, be appointed, upon request of a party, by the court. Any provisions which contradict another of higher rank shall be invalid. (2) Failing such agreement, a party who intends to challenge an arbitrator shall, within two weeks after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstance referred to in section 1036 subs. 1961 Part II p. 121). (4) Arbitral settlements that have been concluded and declared enforceable prior to the entry into force of this Act are subject to enforcement provided that the decision on their enforceability has become final and binding or has been declared provisionally enforceable, Unofficial translation by the German Institution of Arbitration (DIS) and the German Federal Ministry of Justice, The Lex Mercatoria (Old and New) and the TransLex-Principles, Zivilprozessordnung - German Code of Civil Procedure, Trans-Lex Principle: XIII.1.1 - Arbitration agreement, Trans-Lex Principle: XIII.1.2 - Arbitration agreement and substantive claim before court, Trans-Lex Principle: XIII.1.3 - Arbitration agreement and interim measures by court, Trans-Lex Principle: XIII.2.1 - Number of arbitrators, Trans-Lex Principle: XIII.2.2 - Arbitrator's duty to disclose, Trans-Lex Principle: XIII.2.3 - Grounds for challenge of an arbitrator, Trans-Lex Principle: XIII.2.4 - Principle of separability of the arbitration clause, Trans-Lex Principle: XIII.2.5 - Power of arbitral tribunal to order interim measures, Trans-Lex Principle: XIII.3.1 - Arbitral due process, Trans-Lex Principle: XIII.3.2 - Determination of rules of procedure, Trans-Lex Principle: XIII.3.3 - Seat of arbitration, Trans-Lex Principle: XIII.3.4 - Language of the arbitration, Trans-Lex Principle: XIII.3.6 - Hearings and written proceedings, Trans-Lex Principle: XIII.3.8 - Default of a party, Trans-Lex Principle: XIII.3.9 - Waiver of right to object, Trans-Lex Principle: XIII.4.1 - Rules applicable to merits; decision ex aequo et bono, Trans-Lex Principle: XIII.2.6 - Decision making by panel of arbitrators, Trans-Lex Principle: XIII.4.3 - Settlement, Trans-Lex Principle: XIII.4.2 - Form and contents of award, Trans-Lex Principle: XIII.4.4 - Termination of proceedings. (2) The order declaring the award enforceable shall be declared provisionally enforceable. The certification may also be made by counsel authorised to represent the party in the judicial proceedings. English is not an official language of the Swiss Confederation. 1 and section 1048 subs. Dutch Civil Code (Civil Code of the Netherlands) Click in the left frame to visit the Books of which the Dutch Civil Code is composed. (1) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. 1253 0 obj <>/Filter/FlateDecode/ID[<5E0BAAE73F0FEE21C41AE2ACBB65D361><8B1B43F9E1DEA04B9BBE58E93B5A40E9>]/Index[1247 14]/Info 1246 0 R/Length 52/Prev 374985/Root 1248 0 R/Size 1261/Type/XRef/W[1 2 1]>>stream or the setting aside of the declaration of enforceability (section 1061). If a request had been made under section 1058, the time-limit shall be extended by not more than one month from receipt of the decision on the request. Germany: In 1873, a German commission was established to bring a uniform civil code to the newly-unified German state. 3. In the case of a sole or third arbitrator, the court shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties. Citation. (2) Subsection 1 does not apply to communications in court proceedings. (3) If notarial certification is required for a declaration to be effective, it will be substituted, in the case of an arbitral award on agreed terms, by recording the declaration of the parties in the award. (4) An arbitration agreement is also concluded by the issuance of a bill of lading, if the latter contains an express reference to an arbitration clause in a charter party. See also. The shortcomings inhere in … Civil procedure > Germany. I am sure you have seen bare act … The New German Arbitration Law - (English Translation) I. Tenth Book of the Code of Civil Procedure - (Zivilprozeßordung; ZPO) footnote related to title1. 2. Bürgerliches Gesetzbuch (BGB) - the German Civil Code. As most continental European countries, the Dutch system of civil litigation still shares some common features with its French ancestor. (3) The presiding judge of the civil court senate ("Zivilsenat") may issue, without prior hearing of the party opposing the application, an order to the effect that, until a decision on the request has been reached, the applicant may pursue enforcement of the award or enforce the interim measure of protection of the arbitration court pursuant to section 1041. German Code of Civil procedure.It was enacted in 1887 court registry may give for... Proceedings and make an additional award as to claims presented in the vote version is the most one... 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