Dispute resolution

German law does not provide for a separate arbitration tribunal or mediation agency for matters relating to online law. There are merely various arbitration agencies for disputes concerning domain names, such as the WIPO Arbitration and Mediation Centre (World Intellectual Property Organisation). However, arbitration centres within intellectual property organisations usually rule in favour of the owner of a protective right. Moreover, the proceedings and contents of arbitration awards are restricted. For example, it is not possible to award compensatory damages.

There are no such arbitration agencies for disputes relating to the area of internet law. Arbitration agencies not specialising in this area, such as general mediation centres and mediators, are rather unsuited for resolving such disputes, as they usually lack the necessary expert knowledge.

It is recommended to include an arbitration clause in an agreement in order to provide for arbitration or mediation proceedings. Otherwise it might be difficult to make use of arbitration proceedings, because one of the parties might not be interested in resolving a dispute in such a manner (any more). In such a case, only mediation proceedings, which are generally not obliging, would be possible.

Nevertheless, the Code of Civil Procedure attempts at providing for some possible solutions. For example, disputes relating to software programming can be solved by means of the so-called preservation of evidence involving a expert appointed by the court. Often, it is possible to make comparisons on the basis of his expert’s opinion.

Services offered by Horak Attorneys-at-Law include among others:

• Organizing and carrying out arbitration and mediation proceedings (including domain name resolution under UDRP)
• Representation in national and international arbitration proceedings
• Mediation and representation in mediation proceedings (for the purpose of legal counselling).