IBA Arbitration Committe: Correction of IBA Guidelines on Conflicts of Interest in International Arbitration

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IBA LOGOThe IBA’s Arbitration Committee has announced it has detected a clerical error in Paragraph 3.1.5 of the Orange List of the revised IBA Guidelines on Conflicts of Interest in International Arbitration. The Orange List, in the Guideline’s system of red, orange and green lists, is the non-exhaustive list of issues that the (potential) arbitrator ought to disclose to the parties The Guidelines have now been corrected as follows: In Paragraph 3.1.5., the expression “on a related issue”, which was part of that paragraph in the 2004 Guidelines, was mistakenly deleted during the review process. It has been re-established so that paragraph 3.1.5 now reads as follows: Continue reading

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Law Made in Germany – Symposion in Düsseldorf, September 3, 2015

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DAV LOGOOn September 3, 2015, the German Bar Association (Deutscher Anwaltverein) presents, as part of the wider initiative “Law Made in Germany”, the second symposium on the topic. The symposium looks at Germany’s position in the international competition amongst jurisdictions (Kampf der Rechtsordnungen), with a special focus on M&A agreements and post-M&A disputes under German law. As post M&A disputes account for a substantial part of my work, I would have loved to attend, but unfortunately, I cannot make it. But I encourage you to check out the programme. Click here for a link to the online registration tool.

Law Made in Germany has produced brochures on German law and its virtues in English, French, Arabic, in Chinese, Russian, and Vietnamese. The brochure is also worth having a look.

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Sports Arbitration: German Arbitration Journal – Notes on the Pechstein Case

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220px-Claudia_Pechstein_2008In this blog, we have dealt with sports arbitration in general, and the Munich Pechstein case in particular, on several occasions. This week, the most recent issue of the German Arbitration Journal (Zeitschrift für Schiedsverfahren) landed on my desk. It has two articles discussing the Pechstein case, which you might find of interest.

Christian Duve and Karl Ömer Rösch take a somewhat critical view of the decision of the Munich Court of Appeals (Oberlandesgericht). They argue that, as part of a public policy (ordre public) analysis, the anti-trust law could have been into account, however, in their view, the public policy would not have been violated. In a second article, Peter Heermann also discusses the Munich decision. In addition, he looks into the future, discussing the German draft anti doping legislation, that addresses sports arbitration. Here are the English language abstracts for the respective articles: Continue reading

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Sports Arbitration: On Air Down Under on Aussie Rules Football before the CAS

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essendonLast week, I had the honour of being interviewed by Tracey Holmes for her sports programme The Ticket on Australia’s ABC Radio which was aired on Sunday. Tracey put together a  special ‘Court of Arbitration for Sport 101′ edition in the wake of the announcement that the World Anti Doping Agency (WADA) will appeal an Australian case  – which has its own Wikipedia page  – against 34 past and present players of Essendon Football Club, nicknamed The Bombers, an Australian rules football club which plays in the Australian Football League (AFL). Continue reading

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Administrative Court Magdeburg: No Access to Files of Limbach Commission under the Freedom of Information Act

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Justizzentrum_MagdeburgIn a judgment dated April 21, 2015, the Administrative Court (Verwaltungsgericht) Magdeburg held that the files of the so-called Limbach Commission or “Advisory Commission on the return of cultural property seized as a result of Nazi persecution, especially Jewish property” by its full name – cannot be accessed on the basis of the German Freedom of Information Act (Informationsfreiheitsgesetz). Regular readers of this blog may recall that we reported the decision of the Federal Supreme Court (Bundesgerichtshof) in the Hans Sachs restitution matter. The Hans Sachs restitution claims, before they were brought in court, had been dealt with by the Limbach Commission. The Limbach Commission had advised against the restitution of the Hans Sachs Collection from the German Historic Museum (Deutsches Historisches Museum) to the heirs of Hans Sachs. Continue reading

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Costs in International Arbitration, IBA Conference, June 18/19, 2014 Munich

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IBA LOGOThe IBA Arbitration Committee devots a one-day conference to Costs in International Arbitration. The programme will kick off with a keynote speech by Gerhard Wagner, Humboldt Universität, Berlin, on Costs of Arbitration Proceedings. Panels will then cover

  • Advance on cost
  • Security for cost
  • Reimbursement and allocation of cost
  • Third Party Funding

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