(1) The only remedy available against an arbitral award is an application to have it set aside by a court pursuant to subsections (2) and (3).
(2) An arbitral award may be set aside only if:
1. the party filing the application shows sufficient cause that:
a) one of the parties concluding the arbitration agreement pursuant to sections 1029 and 1031 did not have the capacity to do so pursuant to the laws personally relevant to such party, or that the arbitration agreement is not valid under the laws to which the parties have subjected it or, if the parties have not made any determinations in this regard, that it is invalid under German law; or that
b) the party filing the application had not been given proper notice of the appointment of an arbitrator or of the arbitral proceedings, or that the party filing the application was otherwise unable to assert the means of attack or defence available to them; or that
c) the arbitral award deals with a dispute not contemplated by the separate arbitration agreement or not covered by the terms of the arbitration clause, or that it contains decisions that are beyond the scope of the arbitration agreement; however, where it is possible to separate that part of the arbitral award relating to points at issue that had been submitted to arbitration from the part relating to points at issue that had not so been submitted to arbitration, only the latter part of the arbitral award may be set aside; or that
d) the formation of the arbitral tribunal or the arbitral proceedings was not in accordance with a provision of the present Book or with an admissible agreement in place between the parties, and that this presumably has had an effect on the arbitral award; or if
2. the court finds that
a) the subject matter of the dispute is not capable of settlement by arbitration under German law; or
b) the recognition or enforcement of the arbitral award will lead to a result that is contrary to public policy (ordre public).
(3) Unless the parties agree otherwise, the application for setting aside the arbitral award must be filed with the court within a period of three months. This period begins on the day on which the party filing the application has received the arbitral award. In cases in which an application has been filed in accordance with section 1058, the period is extended by not more than one month following receipt of the decision regarding said application. The application for setting aside the arbitral award no longer may be filed once a German court has declared the arbitral award to be enforceable.
(4) Where an application for setting aside the arbitral award has been filed, the court may, where appropriate and so requested by a party, set aside the arbitral award and remand the matter to the arbitral tribunal.
(5) In cases of doubt, setting aside the arbitral award will result in the arbitration agreement once again entering into force where the subject matter of the dispute is concerned.