Concept and Legal Classification of the Stage Arbitration Court
Das Stage Arbitration Court is a special form of arbitration court specifically established for disputes in the field of stage law. It is an institutionalized arbitration body, set up through collective agreements, which primarily adjudicates labor law disputes between stage professionals (in particular, artists such as singers, actors, dancers, and directors) and stage operators (usually public theaters or opera houses). The legal foundations and jurisdiction of the stage arbitration court are defined in various collective agreements and regulatory provisions. The stage arbitration court is a particularity under German labor law and has its own procedures and areas of competency.
Legal Foundations
Statutory and Contractual Regulation
The statutory basis for the stage arbitration court is essentially derived from Section 102(3) of the Labor Courts Act (ArbGG) in connection with the relevant collective agreements for stage professionals, particularly the Standard Stage Contract (NV Bühne). Supplementary provisions can be found in the arbitration court rules, which may be established specifically for the stage sector.
Section 56 of the NV Bühne states that, in disputes regarding the existence or non-existence of an employment relationship established or terminated by this collective agreement, only the stage arbitration court has jurisdiction, unless a different legal jurisdiction is stipulated by law.
Contractual Foundation
The stage arbitration court is binding under collective agreements for employment relationships that fall within the scope of the NV Bühne. This applies in particular to artists employed in public and private theater operations. In individual cases, the parties to an employment contract may also voluntarily submit to the jurisdiction of the stage arbitration court.
Jurisdiction and Functions
Subject-Matter Jurisdiction
The subject-matter jurisdiction of the stage arbitration court primarily includes:
- Determination of the existence or non-existence of an employment relationship according to the provisions of the NV Bühne
- Review of extraordinary, summary dismissals
- Decisions in other disputes contractually provided for between stage professionals and stage operators
The stage arbitration court is not competent for all conceivable labor law disputes; rather, its responsibilities are limited to the cases defined by the respective collective agreements.
Local Jurisdiction
Local jurisdiction is generally determined by the location of the employing stage or the registered office of the employer, unless the collective agreement provides otherwise.
Procedural Rules and Course
Initiation of Proceedings
Proceedings before the stage arbitration court are initiated by a written application from one party (employee or employer). The application must be sent to the arbitration body’s office and clearly state the subject matter of the dispute and the parties involved.
Composition of the Tribunal
The stage arbitration court is usually composed on a parity basis. It generally consists of one or more impartial chairs and an equal number of assessors, who are appointed by the parties to the collective agreement (employer and employee sides). The chairperson is appointed on the proposal of the collective bargaining parties or selected from a register of approved neutral persons.
Oral Hearing and Taking of Evidence
The proceedings are, in principle, oral and not public. The parties are required to attend in person, but may be represented. The arbitration court is bound by the statutory provisions, but may adapt procedural rules to the specifics of stage law, provided this does not violate mandatory legal requirements.
Evidence includes witness statements, documents, and inspection of things. The court may conduct the taking of evidence in an appropriate manner and, if necessary, carry out its own investigations.
Costs of the Proceedings
The costs are allocated according to the rules of the arbitration court. Usually, each party bears its own costs and the shared costs are divided based on the outcome (prevailing and losing party).
Effect and Legal Force of Decisions
Binding Effect of Decisions
The decisions of the stage arbitration court are binding for the parties involved and enable the prompt resolution of disputed matters, especially in the context of project-based, frequently fixed-term stage employment relationships.
Subsequent Review / Appeal
Parties may appeal against the decisions of the stage arbitration court within certain deadlines, in particular by submitting the case to the regular labor courts. Details can be found in the relevant collective agreements and the arbitration court rules. However, a review of the arbitral award is often only possible in narrowly defined cases, such as gross procedural errors or clear errors in the application of law.
Enforceability
Arbitral awards of the stage arbitration court may, upon application, be declared enforceable by a state court if a party refuses to comply.
Significance in German Labor Law
The stage arbitration court is an important labor tribunal within the meaning of German stage law. It ensures industry-specific decision-making through the expertise of the participating assessors. The unique nature of artistic activity and project-based employment makes a specialized arbitration court both necessary and practical.
By providing swift and goal-oriented conflict resolution, the stage arbitration court contributes to the functioning of the cultural sector in Germany and supports fair working conditions on stages.
Literature and Further Information
- C. Rehm/ G. Ulrici: Handbuch des Bühnenrechts – Kommentar zum Normalvertrag Bühne, 10th ed., Berlin 2021.
- R. Busch: “Labor Law at German Stages – The Stage Arbitration Court in Practice,” in: Zeitschrift für Arbeitsrecht, 2019, p. 452 ff.
- Deutscher Bühnenverein, Information on the Stage Arbitration Court, available at: www.buehnenverein.de
Note: This article provides a general overview on the topic of the stage arbitration court and serves as an initial orientation for labor law issues in the stage sector.
Frequently Asked Questions
What is the legal basis for the stage arbitration court in Germany?
The stage arbitration court is a special form of arbitration, used in the German theatre and stage industry for labor disputes between stage artists and stage operators. The primary legal basis is found in Section 102 (1) No. 2 of the Labor Courts Act (ArbGG). In addition, the respective collective agreements of the stage operators, such as the Standard Stage Contract (NV Bühne), are decisive, as these contain arbitration clauses making the invocation of the stage arbitration court a prerequisite for subsequent labor court proceedings. The arbitration court rules for the stage arbitration court, for example issued by the German Stage Association, are also binding. Proceedings before the stage arbitration court constitute a compulsory dispute resolution procedure, which is mandatory for certain labor disputes between stage artists and their employers, provided the collective agreement requires this. Only after this procedure has been completed is the regular legal process, usually before the labor courts, available.
What types of disputes are heard before the stage arbitration court?
The stage arbitration court primarily handles labor law disputes under the NV Bühne and related collective agreements. These include issues of contract interpretation, disputes over dismissals, salary claims, employment obligations, contract breaches, rehearsal and performance rights, as well as all further legal relationships arising directly from the stage employment relationship. Private law disputes outside of stage employment or those not covered by collective agreement jurisdiction are not heard. The precise scope is defined in the relevant collective provisions in connection with the respective employment relationship.
How is the procedure before the stage arbitration court regulated?
The procedure before the stage arbitration court is subject to special, collectively agreed rules. The arbitration court’s rules specify procedure, deadlines, and decision-making processes. Disputing parties must submit their case before this arbitration court before approaching a state court, provided the collective agreement so stipulates (“priority of arbitration”). Oral hearings are standard; a written decision without a hearing is only possible in exceptional cases. The arbitration tribunal usually decides after oral deliberation through a panel consisting of an equal number of assessors from the employer and employee sides as well as a neutral chair. The proceedings are not public; legal representation is not mandatory, but permitted. The objective is a binding decision acceptable to both parties, which, although not equivalent to a state court judgment under the Code of Civil Procedure, is a mandatory prerequisite for further legal proceedings.
To what extent is the decision of the stage arbitration court legally binding?
The decision of the stage arbitration court is generally binding on the parties but does not have the same binding force as a judgment of a state court. Rather, the award constitutes what is known as a “conciliation decision”, which is a prerequisite for bringing an employment lawsuit as part of compulsory conciliation. This means: Only if a party disagrees with the arbitral award is it entitled to pursue the regular legal pathway, i.e., it may file suit in the labor court within a certain period (§ 112(3) ArbGG in conjunction with the relevant regulations). If no claim is filed in due time, the arbitral award becomes final and is treated like a concluded settlement. Only in exceptional cases is independent review of the arbitration decision possible without recourse to a state court, e.g., in case of procedural errors.
Who can act as a party before the stage arbitration court?
Before the stage arbitration court, only the contracting parties to the particular stage employment relationship appear as parties, i.e., on one hand, the stage artists (ensemble members, singers, actors, etc.) and, on the other, the stage operators, usually represented by the theater administration or management. Representation by unions (e.g., Genossenschaft Deutscher Bühnenangehöriger, GDBA) or employer associations is recognized, provided this is stipulated in the arbitration court rules. Legal representation and counsel are also permissible but not required.
What appeals process applies to the stage arbitration court?
The stage arbitration court is not a state court but an arbitral body established under collective agreement with its own panel structure. There is no formal appellate process as in the state court system (labor court – higher labor court – federal labor court). There is no appeal or revision within the arbitration process itself. If a party disagrees with the award, it must initiate regular legal proceedings (labor court) within the time limits specified by collective agreement. Only in cases of serious procedural defects or clear breaches of binding statutory provisions may an arbitral award be set aside by judicial review.
What costs are incurred in a stage arbitration court proceeding?
The arbitration proceedings are – depending on the federal state and stage – often free of charge or involve very low fees for the parties, as arbitrators and the chair often work on an honorary basis or with nominal fees, and these costs are borne by the collective bargaining parties. Actual expenses, such as attorney’s fees or disbursements, are generally each party’s own responsibility, unless the arbitration court’s rules stipulate otherwise. Costs for witnesses or experts may be shared among the parties. The exact rules can be found in the relevant collective agreement and in the arbitration court rules.
