International Chambers at the Berlin II Regional Court

International chambers have existed at the Berlin Regional Court II since 2021 and will continue their work alongside the Commercial Courts. They are open to hear disputes in matters with an international dimensions and may conduct them in English language. Documents written in the English Language may be introduced into the court proceedings.

• Jurisdiction of the International Chambers
  Parties may have the court hearing conducted in a different language by an International Chamber of the Berlin Regional Court II, if

  • the case belongs to the jurisdicition of either chamber (9th Civil Division: general civil law disputes, construction law disputes; Commercial Chamber 103b: general commercial disputes and international disputes regarding unfair trade practices and trademark law),
  • it has an international dimension,
  • parties mutualy consent to bring their case to the International Chamber and
  • where an interpreter is dispensed with by both parties (section 185 subsection 2 of the Courts Constitution Act).

  The request to the court that their case be dealt by one of the International Chambers may either be made by the claimant in the statement of claim and/or by the defendant in the statement of defence, but at the latest before the first hearing.

• Procedure before the International Chambers

  The International Chambers at the Regional Court of Berlin II follow the German Code of Civil Procedure (ZPO; an English version is available here). The rules of German civil litigation enable efficient case management by an independent judiciary, providing an oral hearing, thoroughly prepared by written submissions of the parties. The International Chambers will structure the proceeding in an early case-management-conference (§ 139 Abs. 1 S. 2 ZPO) and will in all circumstances of the proceedings act in the interests of arriving at an amicable resolution of the legal dispute. Upon request they will conduct their oral hearings in English. The parties to disputes before the regional courts must be represented by an attorney.

  The costs of proceedings depend on the statutory rules governing civil court procedure in Germany; there are no additional costs for proceedings before the International Chambers. The court fees are regulated in the Court Costs Act (GKG), the remuneration of attorneys is laid down in the Act on the Remuneration of Lawyers (RVG – English Version: https://www.gesetze-im-internet.de/englisch_rvg/). The amount of the fees payable in principle depends on the value of the claim in question. If the matter is closed with a judgement, the party that has not prevailed is to bear the costs incurred by the opponent.

• What is the difference between the so-called Commercial Chambers?

  Unlike the Commercial Chambers, before the International Chambers the statement of claim and all other pleadings must (also) be filed in German language. Furthermore, the court’s decisions are drafted in German language. Both Civil Chamber 9 (responsible for construction disputes and general civil matters) and Commercial Chamber 103b (responsible for general commercial, competition, and trademark matters) retain their broader jurisdiction as International Chambers, in addition to their new function as Commercial Chambers.

  Both Chambers have the same personnel as when they are sitting as Commercial Chambers and therefore offer the same high level of professional and linguistic expertise, as well as similar advantages, as the Commercial Chambers.

Further information on the judges of the International Chambers (the same composition as the Commercial Chambers) can be found here.