Arbitrability of Shareholders’ Disputes under German Law
The International Litigation Quarterly, ABA, Section of Litigation, Vol. 26, No. 1, p. 9 et seq.
It has long been a matter of dispute whether and under which preconditions disputes regarding the validity of shareholders’ resolutions of a German limited liability company (GmbH) are arbitrable. In principle, if the shareholder of a GmbH considers a shareholders’ resolution to be invalid or illegal, he or she may challenge such resolution in a lawsuit to be initiated against the GmbH.