Értelmezés

A uniform procedure is generally desirable for the parties. For this reason, a principle of broad interpretation of arbitration agreements has developed in practice.

As a decision of the Higher Regional Court of Munich shows (order of 30 August 2011 – 34 SchH 8/11, proceedings under Section 1040(3) of the German Code of Civil Procedure), this may result in disputes arising from contracts that do not contain their own arbitration clause also falling within such a clause. The arbitration clause was contained in the partnership agreement for the establishment of a medical care centre (MVZ), which further provided that the physicians participating as partners would make their entire working time available to the MVZ. On the same day, the partners concluded another agreement with the civil-law partnership, which regulated the details of remuneration for services. In a legal dispute concerning remuneration for the services of the managing partner, the Higher Regional Court of Munich confirmed the arbitral tribunal’s interim decision affirming jurisdiction, reasoning that the arbitration clause in the partnership agreement also covered disputes arising from the remuneration agreement. Despite its legal independence, that agreement ultimately served to give effect to the partnership agreement and was therefore covered by its broadly worded arbitration clause.