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...
View ArticleFrankfurt 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...
View ArticleFrankfurt 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...
View ArticleGreek 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...
View ArticlePre-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...
View ArticleCase 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...
View ArticleCase 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...
View ArticleFrankfurt 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...
View ArticleReimbursement 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...
View ArticleIntra-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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