(1) The Land governments are to establish conciliation boards at the Chambers of Industry and Commerce for the resolution of civil law disputes where a claim is asserted by virtue of this Act (conciliation boards).
(2) Conciliation boards are to be composed of a chairperson who is qualified to hold judicial office pursuant to the German Judiciary Act (Deutsches Richtergesetz) and persons sitting as assessors. In the event of referral by a qualified entity entitled to assert a claim to cease and desist in accordance with section 8 (3) no. 3, an equal number of entrepreneurs and consumers are to act as assessors, otherwise at least two expert entrepreneurs. The chairperson is, as a rule, to be experienced in the field of competition law. For each disputed case the persons sitting as assessors are to be chosen by the chairperson from a list which is to be compiled annually for the calendar year. Appointment is, as a rule, to be effected with the agreement of the parties. Sections 41 to 43 and section 44 (2) to (4) of the Code of Civil Procedure apply accordingly to the exclusion and rejection of members of the conciliation board. The regional court (chamber for commercial matters or, in the event of there being no such chamber, the civil chamber) with jurisdiction in respect of the seat of the conciliation board gives a decision on a motion of challenge.
(3) Referral may be made to a conciliation board in civil law disputes where a claim is asserted by virtue of this Act, provided that the opposing party consents thereto. Insofar as commercial practices concern consumers, each party may refer the matter to a conciliation board for a discussion with the opposing party regarding the dispute; such referral does not require the consent of the opposing party.
(4) Section 14 applies accordingly to the jurisdiction of the conciliation boards.
(5) The chairperson of the conciliation board may make an order for the personal appearance of the parties. The conciliation board may impose an administrative fine on a party absent without excuse. An immediate complaint in accordance with the provisions of the Code of Civil Procedure may be lodged regarding the order for personal appearance and regarding the imposition of an administrative fine with the regional court (chamber for commercial matters or, in the event of there being no such chamber, the civil chamber) with jurisdiction in respect of the seat of the conciliation board.
(6) The conciliation board is to strive for a friendly settlement. It may make the parties a written settlement proposal, giving its reasons for the settlement proposed. The settlement proposal and the reasons therefor may only be published with the consent of the parties.
(7) If a settlement is reached, it must be recorded in a specific document bearing the date upon which it was reached and it must be signed by the members of the conciliation board who took part in the negotiation as well as by the parties. There may be recourse to compulsory execution in respect of a settlement concluded before the conciliation board; section 797a of the Code of Civil Procedure applies accordingly.
(8) The conciliation board may refuse to initiate the negotiation of a settlement if, at the outset, it considers the asserted claim to be ill-founded or considers itself as not having jurisdiction.
(9) The statute of limitations is interrupted by referral to a conciliation board as though a court action had been brought. If no settlement is reached, the time at which the proceedings were brought to an end is to be established by the conciliation board. The chairperson must notify the parties thereof.
(10) Where a legal dispute of the kind referred to in subsection (3) sentence 2 has been brought before a court without prior referral to a conciliation board, the court may, upon application and upon setting down a new date for a hearing, enjoin the parties to refer the matter to the conciliation board in order to bring about a friendly settlement prior to such date. In proceedings concerning an application for the granting of a provisional injunction, such order is only admissible with the consent of the opposing party. Subsection (8) does not apply. Where proceedings are pending before the conciliation board, a court action is not admissible if it is brought only by the party opposing the application after referral to the conciliation board for a declaration to the effect that the asserted claim does not exist.
(11) The Land governments are authorised to issue, by statutory instrument, the provisions required to implement the aforementioned provisions and regulate proceedings before the conciliation boards, in particular regarding supervision of the conciliation boards, regarding their composition, including adequate participation of entrepreneurs who are not members of the chambers of industry and commerce (section 2 (2) to (6) of the Act for Temporary Regulation of the Law Governing the Chambers of Industry and Commerce (Gesetz zur vorläufigen Regelung des Rechts der Industrie- und Handelskammern), in the consolidated version published in Federal Law Gazette III, Index No. 701-1), and regarding the enforcement of administrative fines, as well as for making stipulations on the charging of fees by the conciliation board. When staffing conciliation boards, the proposals made by consumer associations established for a Land and supported with public funds are to be taken into consideration when determining the consumers as referred to in subsection (2) sentence 2.
(12) Notwithstanding subsection (2) sentence 1, in Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, a person with legal knowledge and qualified to hold professional judicial office under the law of the German Democratic Republic may also be made chairperson of the conciliation board.