Commercial disputes in Germany are heard in the state court system, where regional courts can assign cases to specialist chambers for commercial matters. Germany has been party to the New York Convention since 1961 without reservations, and the German Arbitration Institute (DIS) administers arbitrations under its 2018 Rules and offers mediation and other ADR. Patent disputes increasingly go to the Unified Patent Court, which has four local divisions in Germany.
State courts
Civil disputes go to the local courts or regional courts (Landgerichte) depending on value. Regional courts can hear commercial matters in a chamber for commercial matters, which sits with lay judges from business, covering claims between merchants, company law, trade names and trademarks, and unfair competition.
Germany has introduced specialist commercial courts and the option of English-language proceedings in some commercial cases; the scope varies by federal state and was not confirmed for this record.1
Arbitration and ADR
Germany ratified the New York Convention in 1961 without reservations, so foreign awards from any state can be recognised. The DIS administers arbitrations under its 2018 Rules, which include expedited proceedings and supplementary rules for corporate disputes, with revised arbitrator fees from 1 March 2026. It also administers UNCITRAL arbitrations.
DIS rules also exist for mediation, conciliation, adjudication and expert determination, which are useful for construction, technical and shareholder disputes where speed or confidentiality matter.234
Patent litigation
European and Unitary Patents can be litigated before the Unified Patent Court, whose local divisions in Düsseldorf, Hamburg, Mannheim and Munich make Germany a frequent venue for patent enforcement across participating states.5
Documents usually needed
- Dispute resolution clause naming courts or the arbitral institution, seat and language
- DIS model clause where DIS arbitration is chosen
- Certified copies of arbitral awards and agreements for enforcement
- Translations of foreign judgments or awards into German where required
Common mistakes
- Assuming proceedings in state courts can be conducted in English without checking the specific court's rules.
- Using a generic arbitration clause without stating the seat, rules and language.
- Overlooking the UPC when choosing where to enforce or defend European patents.
- Assuming judgments from non-EU countries are enforced automatically in Germany.
When the business crosses borders
- Awards made in other New York Convention states can be enforced in Germany, and German awards abroad.
- Judgments from EU member states are generally recognised under EU rules; judgments from other countries depend on German procedural rules, which were not reviewed here.
- UPC decisions apply across all participating EU states, not just Germany.
Questions businesses ask
Is Germany a New York Convention state?
Yes. It ratified on 30 June 1961, in force since 28 September 1961, without reservations.2
What is the main German arbitral institution?
The German Arbitration Institute (DIS), which administers arbitrations under its 2018 Rules and under the UNCITRAL Rules.3
What this guide does not yet confirm
These points need checking with a qualified local professional in Germany before you rely on them.
- Commercial courts at higher regional courts and English-language proceedings (GVG §§ 119b and 184a, introduced by the Justizstandort-Stärkungsgesetz) could not be loaded and are not recorded as claims.
- ZPO arbitration provisions (including § 1061 on foreign awards) and § 328 ZPO on recognition of non-EU foreign judgments could not be loaded.
- The Mediation Act (MediationsG) could not be loaded.
- Court fees, typical durations and interim relief options were not reviewed.
Sources and review status
Each statement is numbered to the source it was checked against. We use official sources where we can, and each statement says whether it was checked against an official or a secondary source. Sources last checked on 18 October 2026. None of it has been professionally reviewed yet: it is research checked against official and secondary sources by WONE Global, not legal or tax advice.
Commercial matters before the regional courts (Landgerichte) can be heard by a chamber for commercial matters (Kammer für Handelssachen), covering for example claims against merchants from bilateral commercial transactions, company law disputes, trade name and trademark matters, and unfair competition claims. Statutory list in § 95 GVG; antitrust damages claims are excluded from § 95(2).
Germany signed the New York Convention on 10 June 1958, ratified it on 30 June 1961 and it entered into force for Germany on 28 September 1961, without reservations or declarations. Recognition and enforcement of foreign arbitral awards.
The German Arbitration Institute (DIS) administers arbitrations under the 2018 DIS Arbitration Rules, which include expedited proceedings and supplementary rules for corporate disputes; changes to Appendix 2 (arbitrator fees) took effect on 1 March 2026. DIS also administers arbitrations under the UNCITRAL Arbitration Rules.
DIS also publishes rules for mediation, conciliation, adjudication, expert determination and expertise.
Patent infringement and validity disputes over European and Unitary Patents can be heard by the Unified Patent Court, which has four local divisions in Germany (Düsseldorf, Hamburg, Mannheim, Munich). Unless opted out (for classic European patents) during the transitional period; detail not reviewed.
Questions on this topic
5 statements on courts, arbitration and enforcement in Germany
