This is particularly obvious in respect of inheritance law, where often high asset values and divergent family interests are affected. It is a known fact that inheritance law plays a subordinate role for law students. Additionally, there is no special civil jurisdiction for disputes concerning inheritance law at district courts. In principle, the human resources policy in courts is not oriented towards the specialisation of the individual judge but on the creation of a universal judge, who has to fulfill unpopular tasks in order to advance his career. However, the German law provides an opportunity to evade the inadequacies of state justice. By making a testamentary disposition the (future) testator can determine that all or certain claims shall be assigned to a specialised arbitral tribunal and he can exclude ordinary courts.

The testator can assign the members of the arbitral tribunal and determine the code of procedure. Such a provision is interesting for people who care about the judge, as well as for those who want to keep the disputes within the family and to avoid negative publicity. Even if the succession has already taken place and a dispute is about to arise, it is possible to agree on a subsequent arbitral tribunal in order to prevent legal proceedings and cost risks.  

The specialised lawyers of HUEMMERICH legal are ready to discuss this opportunity with you and can give you qualified recommendations on the nomination of an arbiter. Moreover, lawyers of HUEMMERICH legal are arbitrators themselves and represent clients in arbitration proceedings.