Das Schiedsgutachten im Allgemeinen bürgerlichen Recht

»Arbitration in the General Civil Law«: The thesis reveals fundamental differences between the legal concepts of the constitutive and the declaratory arbitrator. While the former takes a decision of equitable discretion in accordance with §§ 317-319 BGB, the decision of the latter is of a procedural kind, the contract with him has therefore to be classified as a process agreement on which several clauses of §§ 317 BGB et seq. and §§ 1025 ZPO et seq. are applied mutatis mutandis.