As part of the state judiciary, the Commercial Court and the Commercial Chambers stand for the highest possible independence, fairness, and competence. The judges have many years of experience in international trade and economic relations and are experts in their field. The Commercial Court and the Commercial Chambers thus combine the advantages of a reliable state institution with excellent expertise and experience in commercial law. They therefore offer the ideal point of contact for the efficient settlement of complex commercial proceedings in a hub of the European economy at the financial center of Frankfurt am Main.
Key Benefits at a Glance
Key Benefits at a Glance
Expedited proceedings with a choice of appelate jurisdiction
By mutual agreement of the parties, first-instance jurisdiction may be established at the Commercial Court, allowing proceedings to be conducted on an expedited basis without involvement of the Regional Court. Second and final instance jurisdiction for appeals – that are admissible without the grant of a certiorari – lies with the Federal Court of Justice.
German or English as language of proceedings
Pursuant to Section 184a of the Courts Constitution Act (GVG), proceedings may be conducted in German or, by separate party agreement, in English. With the consent of the court and the parties, documents drafted in English do not require translation even if the proceedings are conducted in German.
Efficient and tailored case management including a case management conference
Pursuant to Section 612 of the German Code of Civil Procedure (ZPO), the Commercial Court and the Commercial Chambers hold an early case management conference with the parties at first instance. At this organizational hearing, the court and the parties agree on the structure and further course of the proceedings. This ensures that the process is transparent and predictable in terms of timing and content. Hearing dates and the taking of evidence may be scheduled in coordination with the parties and, where appropriate, may be conducted over several consecutive days or by video conference. Complex factual and legal issues are addressed in a structured manner, allowing the proceedings to be tailored to the specific needs of the parties.
Mediation option
The parties may also make use of settlement proceedings before a mediator judge (Güterichter). In this framework, all methods of dispute resolution, including mediation, are available to facilitate a tailor-made settlement.
Verbatim transcript upon joint request
Pursuant to Section 613 of the German Code of Civil Procedure (ZPO), in first-instance proceedings before the Commercial Court, a verbatim transcript is to be produced of hearings and the taking of evidence if both parties jointly request it.
Protection of trade secrets upon request of a party
Section 273a of the German Code of Civil Procedure (ZPO) provides broad protection of trade secrets upon application by a party. Information requiring confidentiality must then be treated accordingly. Access rights to such information, including the right to inspect the case file, may be restricted, and the public may be excluded from the proceedings.
Judicial independence, efficient procedural rules for taking evidence, involvement of third parties, interim legal protection and statutory fees
Unlike in private arbitration, judicial independence is guaranteed under Article 97(1) of the German Constitution (Grundgesetz). This provides assurance of the objectivity and neutrality of the judges. As courts of law established under the constitution, state courts ensure consistent application and further development of the law.
The German Code of Civil Procedure and the Law on Enforcement provide an effective framework for swift, binding, and enforceable dispute resolution at statutory fees. Procedural rules on the taking of evidence allow for efficient fact-finding, while the court exercises active case management pursuant to Section 139 ZPO. This includes a duty to clarify both factual and legal issues as well as to provide appropriate guidance to the parties. In urgent cases, parties may seek interim relief.
Judgments are enforceable not only within Germany but also throughout the European Union under Brussels Ibis Regulation (EU No. 1215/2012). They are likewise enforceable in the territories of the contracting states to the 2007 Lugano Convention.
Modern courtrooms
and dedicated meeting rooms for the parties at a central court location in Frankfurt am Main with state-of-the-art equipment and technology, including spacious consultation rooms for the court and the parties.