Peter Bert

  • The Month in Retrospect: What Else Happened in July

    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.

    Peter Bert/ Dispute Resolution Germany- 71 Leser -
  • Sports Law: Update on the Pechstein Case

    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 ...

    Peter Bert/ Dispute Resolution Germany- 77 Leser -
  • American Bar Association: Call for Top 100 Blawg Nominations

    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.

    Peter Bert/ Dispute Resolution Germany- 69 Leser -
  • 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- 69 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- 63 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- 40 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- 76 Leser -
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