Art Law: Contact Point for Collections from Colonial Contexts Established

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The Cultural Foundation of the German Federal States (Kulturstiftung der Länder) has established a new central port of call for all questions about collections from colonial contexts in Germany: the Contact Point for Collections from Colonial Contexts, or CP3C for short. It became operative this week. Here is from Markus Hilgert, General Secretary of the Cultural Foundation of the German Federal States and Director of the CP3C:

“In establishing the Contact Point, the Federal Government, Länder [federal states] and municipalities have put in place an important prerequisite for dialogue in the spirit of partnership with countries and societies of origin concerning how to deal responsibly with collections from colonial contexts. This attests to the unwavering commitment of everyone involved to a joint reckoning with Germany’s colonial history as part of our society’s culture of remembrance.”

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Climate Change Litigation: International Jurisdiction and Applicable Law, Lecture, 7 July 2020

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We have covered climate change litigation here before, in particular the case of a Peruvian farmer against German utility company RWE currently pending before the Court of Appeals (Oberlandesgericht) Hamm. So I thought I ought to alert readers to food for thought on the topic that is on offer: Continue reading

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

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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 taken the view that the publication of a dissenting opinion by the minority arbitrator violates the procedural ordre public, thus constituting a reason to set aside the arbitral award pursuant to Section 1059 para. 2 no 2 b) of the German Code of Civil Procedure (Zivilprozessordnung, ZPO). I discuss the decision in detail in a post at the Kluwer Arbitration Blog. Here’s the summary: Continue reading

Federal Supreme Court on Court Assistance to Arbitral Tribunals in Taking of Evidence

Anyone summoned by a state court to be heard as a witness is in principle obliged to appear and testify (Section 380, 395 et seq. Code of Civil Procedure ZPO) and the courts can enforce that obligation. Things are different, however, in arbitration: There is no duty to appear before an arbitral tribunal. Continue reading