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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.
In November 2013, the Munich Art Find made headlines world wide, when a newsmagazine broke the story about the seizure of an art collection in the apartment of Cornelius Gurlitt, the son of Hildebrand Gurlitt, a privileged art dealer in the Nazi period. With the help of some guest authors, we have covered the story and some of its legal implications quite extensively on this blog.
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 ...
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.
The Center for Transnational Commercial Dispute Resolution (TCDR) at the EBS Law School in Wiesbaden hosts an Arbitration Day on the “Quest for Improved Systems of Arbitration”. One of the organisers of the event is EBS Professor Matthias Weller, who has previously contributed to this blog.Topics will be: Dispute Resolution in Asia: Dominated by the Singaporean Merlion? The ...
This year’s Frankfurt Roundtable on Investment Law and Investment Treaty Arbitration (Gesprächskreis Investitionsrecht und – Schiedsgerichtsbarkeit) is held on November 14, 2015. As always, Alfred Escher and Jan Schäfer are organizing the event in conjunction with the Frankfurt International Arbitration Center.
Mit einer Entscheidung aus dem August 2016 (Beschluss vom 09.08.2016 – I ZB 1/15) hat der Bundesgerichtshof seine Rechtsprechung zur Frage, wie mit einem anhängigen Verfahren zur gerichtlichen Entscheidung über die Zuständigkeit des Schiedsgerichts umzugehen ist, wenn zwischenzeitlich ein Schiedsspruch in der Hauptsache ergangen ist, grundlegend geändert. Nach § 1040 Abs.
Vattenfall’s challenge to Germany’s opt-out from nuclear power is getting a lot of public attention. Vattenfall’s earlier case aganist Germany, commened in 2009 and related to environmental restrictions on a coal-fired power plant in Hamburg, is often cited as an example that investment treaty arbitration lacks transparency.
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).
On the blog, we have tracked the jurisdictional journey of securities litigation brought against Porsche in relation to its failed attempt to take over Volkswagen (see here and here, for example). Now, Volkswagen itself is at the centre of the most recent wave of big-time securities litigation. Investors are suing VW for failure to inform markets on time about the diesel emis ...
The German Institution for Arbitration’s Autumn Conference is coming up soon, on September 28, 2016, in Berlin. DIS 40, the German Young Arbitrators’ Club for those under 40 or prepared to lie about their age, is hosting its event the day before, on Art and Dispute Resolution. Here is from their invite: “Various art-related disputes have made headlines these past few years: ...