Torts and Arbitration
am 19.02.2008 von German American Law Journal :: American EditionCK - Washington. An American arbitration clause provided by contract for retail securities transactions does not cover tort claims arising under the German statute for investor protection, the Düsseldorf appellate court decided on December 20, 2007 in the matter I-6 U 225/06. The decision does not name the American brokerage but states that it is a major internationally active entity operating in conjunction with brokers in Germany who produce customers. The dispute centers on options trades, kick-backs and churning in securities accounts in violation of German law. The court does not mention which state law applies to the contract. It analyzes the German federal conflicts of laws rules codified in the EGBGB code and then applies German law. The unenforceability of the arbitration clause derives from the fact that the German statute for the protection of investors requires commercial parties or an agreement reached after the tort …
Pleading Jurisdictional Defects
German American Law Journal :: American Edition / CK - Washington. In a victory for foreign plaintiffs, the eighth civil division of the Federal Supreme Court, Bundesgerichtshof, in Karlsruhe decided on June 1, 2005 that a motion to dismiss for lack of local jurisdiction should be construed t…
German Fear of Anonymity
German American Law Journal :: American Edition / CK - Washington. Another nail in the wireless Internet coffin. By summary order, the Düsseldorf appellate court announced that WiFi users should install password protection and encryption in order to insulate themselves from contributory…
German view of US tort law/Deutsche Ansichten über Recht der USA
Transblawg / The German-American Law Journal blog links to an old findlaw article by Anthony J. Sebok on How Germany Views U.S. Tort Law. From conversations with German friends and from reading the German press, I had always suspected Germany’s view of...…
Transatlantic Testament
German American Law Journal :: American Edition / CK - Washington. Recht-in.de published a recent decision, IV ZR 135/03, dated July 7, 2004, by the German Supreme Court on the validity of a holographic will made by a German testator with respect to real estate in Florida. The last will does…
Officer as Consumer
German American Law Journal :: American Edition / HF - Washington. On November 8, 2005, the federal court of justice, Bundesgerichtshof, decided on the applicability of the consumer credit protection statute, Verbraucherkreditgesetz, VerbrKrG, to a managing officers liability where such o…
German Sovereignty Lost in 1945?
German American Law Journal :: American Edition / CK - Washington. Did Germanys surrender in 1945 trigger its loss of sovereign immunity so that Germany may be sued in American courts under the Foreign Sovereign Immunities Act? A German American heir to German tax debts failed to convince the…
Milestone in Copyright Jungle
German American Law Journal :: American Edition / CK - Washington. Along the zigzagging course of German rulings through the jungle of contributory liability for copyright violations, the Frankfurt court of appeals set a milestone now available at Medien Internet und Recht. The December 20,…
Inheritance, Assets in Germany II
German American Law Journal :: American Edition / CK - Washington. The initial assumptions and steps to recover assets in Germany in a probate proceeding involving an American decedent, discussed in Inheritance, Assets in Germany I, lead to the issues of the satisfaction of tax obligations an…
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