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Evaluation of the Mediation Act Five years ago, the Mediation Act (Mediationsgesetz) came into force. We did cover the legislative process on the blog in quite some detail. The Act provided for an evaluation to take place at the fifth anniversary. This report has now been published by the Federal Ministry of Justice.
This Case of the Week is hot off the press – the case originally scheduled for today will have to wait: Today, the Federal Constitutional Court (Bundesverfassungsgericht) announced that it had issued a rare interim order in support of a constitutional challenge (Verfassungsbeschwerde) of Jones Day against the court order that allowed the seizure of potentially privileged documents from Jones D.
This case of the week deals with the question if and when a translation is required if service of proceedings is effected abroad. It arose in an action brought by a German Facebook user against Facebook Ireland, the Facebook entity through which Facebook apparently conducts its business in mainland Europe.
This is the first time that DIS has published this data, so no year-on-year comparisions are available. When I looked at the data, this got me thinking about my personal experience: All of the DIS tribunals on which I have served as an arbitrator to date had a female co-arbitrator or a chairwoman. None of the tribunals was all male, and neither had two women.
In a recent decision, the Federal Supreme Court (Bundesgerichtshof) has held that shareholder disputes, and in particular challenges to shareholder resolutions (Beschlußmängelstreitigkeiten) in a limited partnership (Kommanditgesellschaft) are arbitrable in principle. The standards governing the arbitrability of disputes of that nature in the limited liability company (GmbH) ...
Regular readers of this blog will have followed our coverage of the Pechstein case, which, for the time being, came to an end with the June 2016 decision of the Federal Supreme Court (Bundesgerichtshof), which held that the court of Arbitration for Sport (CAS) was a “proper” arbitral tribunal. Claudia Pechstein challenged the 2016 decision of the Federal Supreme Court and br ...
There are still things in the United States I envy. Certainly, one of these is the thriving legal blogosphere – they have so many legal blogs over there, they even created a neologism for them: blawgs. Every year since 2007, the American Bar Association’s ABA Journal has assembled a list of their 100 favorite blawgs for the December issue. The ABA Journal will do the same thing this year.
Der Bundesgerichtshof hat im April 2017 entschieden, dass Beschlussmängelstreitigkeiten in der Kommanditgesellschaft unter den gleichen Voraussetzungen schiedsfähig sind wie in der GmbH. Die von der Rechtsprechung für die GmbH entwickelten Mindestanforderungen an die Wirksamkeit von Schiedsvereinbarungen in Gesellschaftsverträgen, die auch Beschlussmängelstreitigkeiten erfassen ...
Eintracht Frankfurt has had a great run in the first half of the current Bundesliga season, eying a spot in next season’s Europa League or, behold, even a Champions League slot. So matches between Frankfurt and one of the London teams appeared a real possibility. More recently, Eintracht’s losing streak of five straight matches has cast some doubt over these ambitions, even t ...
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.
The German Institution of Arbitration (DIS) has issued a model arbitration clause specifically tailored for use with the 2002 ISDA Master Agreement, the financial industry standard service agreement for OTC derivatives transactions. DIS views this as “yet another step in broadening the DIS’s portfolio for different industry sectors and attracting new domestic and international users.
Goethe University’s law school again offers a Summer Programme on German and International Arbitration. Here is from the course description: “Wanting to learn more about commercial arbitration? This Goethe University Curriculum provides you with a comprehensive introduction to the theory and practice of German and international commercial arbitration.
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.
On January 18, 2017, new rules governing the seizure of bank accounts in the European Union came into force: The EU Regulation No 655/2014 of May 15, 2014 established a European Account Preservation Order (EAPO) to facilitate cross-border debt recovery in civil and commercial matters. The EAPO procedure is available immediately.
.... the Blog: "Dispute Resolution Germany" covers litigation, arbitration and mediation in Germany and elsewhere. It is an English-language resource about dispute resolution in Germany as well as a forum for discussions. .... Peter Bert: I am admitted as Rechtsanwalt in Germany and as a Solicitor in England & ...
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.
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.
We have regularly covered the Hague Convention of Choice of Court Agreements on this blog. From a German, and indeed from a European perspective, a major breakthrough in terms of practical relevance of the Convention would be the ratification of the convention by the United States, given that there currently is no treaty in place between Germany and its biggest non-European t ...
The Frankfurt Court of Appeals (Oberlandesgericht) is creating additional specialized senates (a Senat is a division of the court of appeals, sitting with three judges) as of the beginning of this year. When the court’s president, Roman Poseck presented the court’s new rules on the allocation of matters (Geschäftsverteilungsplan) ealier this week, he announced that dedicated ...
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.