German Federal Court of Justice on setting aside an award unanimously made by arbitral tribunal including one arbitrator who was later successfully challenged | Practical Law
In Docket No I ZB 23/14, the German Federal Court of Justice considered whether an award is to be set aside when one of the arbitrators is later successfully challenged, even if the two remaining arbitrators confirm that the award was made unanimously and that they would render an award with the same content if the challenged arbitrator was replaced.