Expert Opinion vs. Arbitral Award Appealability

In a dispute arising from the need to replace incorrectly installed roof drainage elements, the parties agreed to resolve the liability issue through an expert opinion, which resulted in a document attributing fault and cost responsibility to one party. The party held responsible filed an appeal seeking the annulment of this "award," but the appellate court declined to rule on the merits, reasoning that the statutory remedy for nullity appeals is strictly limited to formal arbitral awards (Schiedssprüche) and is not applicable to expert reports or opinions (Schiedsgutachten). Based on the consistent use of the term "expert opinion" by the involved legal counsel, the procedural steps involving a draft review, and the lack of a mandatory dispositive clause ordering payment of a specific sum between designated parties, the court concluded the resulting document constituted a non-appealable expert opinion rather than a binding arbitral award.