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Dispute Resolution Germany in 2013 – Top Ten Posts

With the year end in sight, I looked back at what posts you read most in 2013. The three main categories that Dispute Resolution Germany covers – arbitration, litigation and mediation – are all...

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Frankfurt Court of Appeals on Conciliation Requirement Before Starting...

This court decision is part of an on-going litigation battle between the shareholders of Suhrkamp Verlag, one of Germany’s best known publishing houses, with authors such as Hermann Hesse,  Samuel...

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Frankfurt Court of Appeals Upholds BIT Arbitration Clause Again – Eureko v....

We have covered these proceedings between the Slovak Republic and Eureko, a Dutch health insurance provider before. At the heart of the matter is the issue whether European law rendered arbitration...

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Greek Debt Crises Reaches Federal Supreme Court

German investors in Greek government bonds have sued the Hellenic Republic in German courts over losses suffered as a result of the restructuring of their bonds. The Greek debt restructuring which...

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Pre-trial Discovery of Documents under the Hague Evidence Convention –...

You read it here first – Germany’s position on the discovery of documents may be softening. My first post on the topic was triggered by a May 2013 decision of the Frankfurt Court of Appeals, setting...

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Case of the Week: Brexit Does Not Facilitate Freezing Orders

In my opinion, obtaining a freezing order (Arrest) against the debtor pending final judgment tends to be rather difficult in this jurisdiction. Often, the courts set the bar for showing that “the...

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Case of the Week: To Translate or not to Translate? – Pitfalls under the EU...

Until recently, a lawyer issuing proceedings in a German court against a foreign party could, as a matter of principle, assume that she had done everything necessary to suspend the statute of...

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Frankfurt Court of Appeal: Arbitrator’s Dissenting Opinion Violates Public...

To the best of my knowledge, this is the first time that a German court has gone on the record on the issue of dissenting opinions in arbitration: The Frankfurt Court of Appeals (Oberlandesgericht) has...

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Reimbursement of Translation Costs Incurred by Foreign Party in German...

If a foreign party to court proceedings in Germany requires translations of German language documents produced for and/or exchanged in these proceedings, the costs incurred for translations can quickly...

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Intra-EU Investment Arbitration: Frankfurt Court of Appeals Finds BIT-Based...

An Austrian and a Croatian bank commenced arbitral proceedings against the Republic of Croatia seeking damages on the basis of the 1999 Agreement between the Republic of Austria and the Republic of...

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