The key issue for the tribunal was the determination of the proper procedure under Article 6 of the ILO when the existence of an arbitration agreement is contested. The Bundesgerichtshof judgment confirms the long-standing approach of the Courts of Lower Germany to maintaining arbitration clauses. (b) The formal validity of an international arbitration convention shall be determined in accordance with the formal rules of validity of the arbitral law of the country in whose territory the arbitral tribunal sits. The decision highlights not only the difference between an optional arbitration clause and a binding arbitration clause, but also the difference between the mandatory and non-mandatory requirements of arbitration agreements under German arbitration law. As in this case, compliance with the second requirement often poses problems: the agreement between the parties to submit all or part of it to arbitration. . . .