German Federal Court of Justice upholds enforceability of arbitral award despite possible violation of nemo tenetur principle and immorality (Section 826 German Civil Code)
On 23 January 2025, the German Federal Court of Justice (BGH) confirmed the enforceability of a domestic award on agreed terms and thereby rejected the public policy concerns raised by the respondent. The BGH in particular found that the appli cant’s conduct could neither be regarded as immoral within the meaning of Section 826 German Civil Code (BGB), nor as a violation of the principle of nemo tenetur se ipsum accusare (no one is obliged to incriminate himself).
