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Section 1062

Competence

(1) The higher regional court designated in the arbitration agreement or, if no such designation was made, the higher regional court in the district of which the place of arbitration is located, is competent for decisions on applications regarding:

1.  the appointment of an arbitrator (sections 1034, 1035), the challenge of an arbitrator (section 1037) or the termination of an arbitrator’s mandate (section 1038);

2.  the determination of the admissibility or inadmissibility of arbitral proceedings (section 1032) or regarding the decision of an arbitral tribunal by which the latter has confirmed its jurisdiction in an interlocutory decision (section 1040);

3.  the enforcement, setting aside or amendment of orders providing for interim measures or measures of protection by the arbitral tribunal (section 1041);

4.  the setting aside (section 1059) or the declaration of enforceability of the arbitral award (sections 1060 et seq.), or the setting aside of the declaration of enforceability (section 1061).

(2) If the cases provided for by subsection (1) no. 2 first alternative, no. 3 or no. 4 are given, but there is no place of arbitration in Germany, then that higher regional court has competence in the district of which the party opposing the application has their seat or place of abode, or in which assets of the party opposing the application are located or in which the object being laid claim to by the request for arbitral proceedings or affected by the measure is located; as an alternative, the higher regional court of Berlin will be competent.

(3) In the cases provided for by section 1025 (3), that higher regional court has competence in the district of which the claimant or the respondent has their seat or place of abode.

(4) That local court has competence for providing assistance in taking evidence and other judicial acts (section 1050) in the district of which the judicial act is to be performed.

(5) Where several higher regional courts exist in a Land, the Land government is authorised to assign, by statutory instrument, competence to a specific higher regional court or to the supreme court established by the Land for its territory; the Land government may confer such authority, by statutory instrument, upon the Land department of justice. Two or more Länder may agree that one higher regional court is to have competence across the Land boundaries.

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