German Institution of Arbitration: Model Arbitration Clause for ISDA Master Agreement

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dis-logoThe German Institution of Arbitration (DIS) has issued a model arbitration clause specifically tailored for use with the 2002 ISDA Master Agreement, the financial industry standard service agreement for OTC derivatives transactions. DIS views this as “yet another step in broadening the DIS’s portfolio for different industry sectors and attracting new domestic and international users.” Here’s a closer look: Continue reading

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Goethe Universität Frankfurt: German & International Arbitration, Summer Term 2017

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1200px-Goethe-Logo_svgGoethe University’s law school again offers a Summer Programme on German and International Arbitration. Here is from the course description: Continue reading

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Germany’s Position on Pre-trial Discovery Softens!

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civ0062 - Hague ConventionYou read it here first, back in 2013, but at the time with a question mark, and then again in 2014 and 2015. Finally, 2017 is the year it is actually going to happen: Germany is about to change its approach to discovery of documents under the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, commonly known as the Hague Evidence Convention. The bill that would remove Germany’s reservation pursuant to Article 23 of the Convention* has been introduced into Parliament. It passed the Upper Chamber (Bundesrat) late last year without any objections. Continue reading

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Seizure of Bank Accounts in Europe: European Account Preservation Order Available Now

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1024px-Flag_Map_of_European_UnionOn January 18, 2017, new rules governing the seizure of bank accounts in the European Union came into force: The EU Regulation No 655/2014 of May 15, 2014 established a European Account Preservation Order (EAPO) to facilitate cross-border debt recovery in civil and commercial matters. The EAPO procedure is available immediately.  Continue reading

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Humboldt-Universität zu Berlin: Graduate Degree Programme in International Dispute Resolution

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Humboldt LLM ProgrammeSince 2015 the Law Faculty of Humboldt-Universität zu Berlin offers a one-year full-time graduate degree programme  in International Dispute Resolution (IDR), with a strong emphasis on international commercial arbitration. The programme is open to law graduates from jurisdictions around the world. The language of instruction is English. The application deadline for the 2017/2018 programme is March 31, 2017. More information regarding the program can be found in this brochure.

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Provisional Enforcement of Arbitral Awards in Germany

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SchiedsVZUnder German law, you can combine the application for the recognition and enforcement of an arbitral award with an application to allow provisional enforcement measures, such as freezing bank accounts and attaching assets. Pending a decision on the recognition and enforcement of the award, these assets can thus be secured. However, the relevant section of the German Civil Code (Zivilprozessordnung, ZPO) appears to have been imperfectly integrated into the overall system of provisional enforcement, which led to a string of – partly contradictory – court decisions. Continue reading

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Art Law: Frankfurt Court Allows Limitation Defence in Looted Art Case

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WP_Max_Pechstein_2When the news about the Munich art find in Cornelius Gurlitt’s apartment broke, a legal issue that so far had been of interest only to a small community of lawyers or legal scholars gained prominence: the application of the statute of limitation to restitution claims for looted art. As the law stood, restitution claims against Gurlitt would, in all likelihood, have become time-barred. When the Gurlitt case made headlines worldwide, all of a sudden, politicians paid attention to that rather esoteric question. The newly appointed Bavarian Minister of Justice even initiated legislation to deal with the issue. But the topic disappeared from the political stage as quickly as it had made its appearance when it became clear that Cornelius Gurlitt was not going to invoke the limitation defence. The Bavarian law-making initiative fell into oblivion. Continue reading

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US Ratification of Hague Choice of Court Convention: Bad News from Across the Pond

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HCCH PictureWe have regularly covered the Hague Convention of Choice of Court Agreements on this blog. From a German, and indeed from a European perspective, a major breakthrough in terms of practical relevance of the Convention would be the ratification of the convention by the United States, given that there currently is no treaty in place between Germany and its biggest non-European trading partner that deals with recognition of judgments. Ted Folkman on his blog lettersblogatory.com is probably the best source for coverage of the Convention’s road towards ratification in the United States. This is what Ted has to Report: Continue reading

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Frankfurt Court of Appeals: Moving Towards Greater Specialization on the Bench

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olg-frankfurt-ganz-neu2The Frankfurt Court of Appeals (Oberlandesgericht) is creating additional specialized senates (a Senat is a division of the court of appeals, sitting with three judges) as of the beginning of this year.

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