Peter Bert

  • Speeding Up Arbitration: New ICC Expedited Rules In Force

    The ICC has introduced new rules for expedited proceedings that apply to all arbitration agreements entered into from March 1, 2017 onwards. With that step, the ICC is following other leading international arbitral institutions that have introduced similar expedited rules, such as ACICA, DIS, HKIAC, ICDR, SCC, SIAC, and the Swiss Rules.

    Peter Bert/ Dispute Resolution Germany- 63 Leser -
  • Germany’s Position on Pre-trial Discovery Softens!

    You read it here first, back in 2013, but at the time with a question mark, and then again in 2014 and 2015. Finally, 2017 is the year it is actually going to happen: Germany is about to change its approach to discovery of documents under the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, commonly known as the Hague Evidence Convention.

    Peter Bert/ Dispute Resolution Germany- 52 Leser -
  • Provisional Enforcement of Arbitral Awards in Germany

    Under German law, you can combine the application for the recognition and enforcement of an arbitral award with an application to allow provisional enforcement measures, such as freezing bank accounts and attaching assets. Pending a decision on the recognition and enforcement of the award, these assets can thus be secured.

    Peter Bert/ Dispute Resolution Germany- 35 Leser -
  • Art Law: Frankfurt Court Allows Limitation Defence in Looted Art Case

    When the news about the Munich art find in Cornelius Gurlitt’s apartment broke, a legal issue that so far had been of interest only to a small community of lawyers or legal scholars gained prominence: the application of the statute of limitation to restitution claims for looted art. As the law stood, restitution claims against Gurlitt would, in all likelihood, have become time-barred.

    Peter Bert/ Dispute Resolution Germany- 74 Leser -
  • Happy New Year!

    Dear readers, thank you for your interest in this blog during the last year! Let me start 2017 by wishing all of you a happy New Year, both professionally and privately. Also, I would like to take the opportunity to look back at 2016. I always try to provide content that I hope you find interesting.

    Peter Bert/ Dispute Resolution Germany- 26 Leser -
  • Porsche/Volkswagen Litigation: Moving Slowly, One Step At A Time…

    We have not really covered the Porsche/Volkswagen saga for quite a long time – see here and here for posts on the jurisdictional journey of this litigation all across the country. Primarily, this was because not a lot has happened: Back in April 2014, the District Court (Landgericht) Hannover had published its order commencing a model proceeding (Musterverfahren) to be heard ...

    Peter Bert/ Dispute Resolution Germany- 63 Leser -
  • Human Rights Day – Stand Up For Someone’s Rights

    Next week is Human Rights Day. It is observed every year on December 10. It commemorates the day on which, in 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights. Here’s from the United Nations’s website: “This year, Human Rights Day calls on everyone to stand up for someone’s rights! Many of us are fearful about the way the world is heading.

    Peter Bert/ Dispute Resolution Germany- 35 Leser -
  • German Federal Supreme Court on Pechstein: Update

    Today, the September/October 2016 issue of the German Arbitration Journal (Zeitschrift für Schiedsverfahren) landed on my desk. It contains, for the benefit of all non-German readers, an English translation of the judgment dated June 7, 2016 in the matter of Claudia Pechstein v. International Skating Union (see here for our earlier coverage on this blog).

    Peter Bert/ Dispute Resolution Germany- 92 Leser -
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