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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Sports Arbitration: Update on the Wilhelmshaven Case

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SV WilhelmshavenIn February 2015, I wrote about the Wilhelmshaven case: The Bremen Court of Appeals (Oberlandesgericht) had found in favour of SV Wilhelmshaven, a northern German amateur football club, in its dispute with FIFA and the German Football Association, DFB. I looked at the case primarily from an arbitration perspective – I viewed it as a variation of the theme in the Pechstein case: Yet another matter where the state courts criticize the system of, or rather, the design of sports arbitration. In his blog, Jan F. Orth has published a preview of a forthcoming case* note that defends sports arbitration as we know it, and predicts that the Bremen judgment will not stand the scrutiny of the Federal Supreme Court (Bundesgerichtshof). Continue reading

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Current Issues in International Art Law, ABA Europe Forum, Berlin, March 27, 2015

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ABA LogoOn March 27, 2015, I have the privilege to moderate a panel on current issues in international art law. Here is from the conference programme:

“The art world used to be relatively small: The main players – i.e., collectors, art dealers and auction houses – knew and trusted each other and often closed deals with a handshake. That has certainly changed in the last 20 or 30 years, and now, art is everywhere and seemingly for everybody. While this development is generally welcome, it also leads to serious risks. Recent art scandals show that there is a real potential for legal problems and significant losses – both financial and reputational. Whether you acquire art worth millions of dollars for a world class collection, or you simply want to buy a painting for your home or office, you need to know the basics of art law. The panel of experienced international art lawyers will discuss a number of recent art law cases, explain the legal principles implicated in those cases and give tips on how to avoid (or at least minimize) problems.” Continue reading

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Art Law: Limbach Commission Advises against Restitution of Adolf von Menzel’s “Pariser Wochentag”

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On February 3, 2015, the Advisory Commission on the Return of Cultural Property (Beratende Kommission im Zusammenhang mit der Rückgabe NS-verfolgungsbedingt entzogener Kulturgüter) or Limbach Commission for short, published its recommendation regarding a claim for restitution of the Behrens family. The Behrens family requested that a painting by Adolph von Menzel, “Pariser Wochentag”, which is now owned by the Düsseldorf Museum Kunstpalast, should be returned to them. The Limbach Commission finds that the sale of the painting in 1935 to the Düsseldorf municipal museum (Städtische Kunstsammlung Düsseldorf) for 33,000 Reichsmark was not a forced sale or a sale at an undervalue which resulted from Nazi persecution of the Behrens family. Continue reading

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Art Law: Federal Administrative Court Rules on Deletion of Entries in the Lost Art Database

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In May 2014, I had reported the decision of the Administrative Court of Appeal (Oberverwaltungsgericht) Magdeburg in a dispute about the deletion of a painting in the Lost Art database, once the painting had been found. The Administrative Court of Appeal at the time had held that, once a painting has been found, it must be deleted from the Lost Art database, as otherwise, the continued registration of the artwork would “taint” it and make it unmarketable. In a judgment issued on February 19, 2015, this decision has now been overruled by the Federal Administrative Court (Bundesverwaltungsgericht). Continue reading

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Hedge Funds vs. Porsche: Litigation Gravitates to Hannover

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In a decision today, the Braunschweig district court (Landgericht) has transferred two cases* brought by hedge funds investors against Porsche to the Hannover district court. The claimants are pursuing damages claims against Porsche related to Porsche’s attempt to take over Volkswagen.       Continue reading

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Goethe Universität Frankfurt: German & International Arbitration, Summer Term 2015

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

“Trying to find out about commercial arbitration, but didn’t know how? This Goethe University Curriculum provides you with a comprehensive introduction to the theory and practice of German and international commercial arbitration. Some of the most eminent arbitration specialists from major international law firms offer their profound knowledge and experience in a lecture series in German and English. One semester, every week, in the early evening hours, for a maximum of 30 highly motivated participants.” Continue reading

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Sports Arbitration – Bremen Court of Appeals Grants Access to Courts, Finds FIFA Compensation Rules Illegal

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The Pechstein decision of the Munich Court of Appeals (Oberlandesgericht) of January 15, 2015 has made headlines. The Munich court refused to recognize an arbitral award of the Court of Arbitration for Sport (CAS), since it held the underlying arbitration agreement between Claudia Pechstein, the speed skater, and her sport’s governing body to be invalid. Just two weeks earlier, another German Court of Appeals also had held a CAS award to be unenforceable. The Bremen Court of Appeals on December 30, 2014 found in favour of SV Wilhelmshaven, a northern German amateur football club, in its dispute with FIFA and the German Football Association, DFB. Continue reading

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IBA Annual Litigation Forum: Challenges of Corporate Litigation in a Global Economy, Paris, April 15-17, 2015

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This year’s IBA Litigation Forum will be held at the Maison du Barreau in Paris on April 15-17, 2015.  The early registration discount expires on March 6, 2015. I plan to be there, and hope to meet some readers as well! The topics will include: Continue reading

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Sports Arbitration: Pechstein/CAS Update – English Translation of Munich Judgment

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Last month, the judgment of the Munich Court of Appeals (Oberlandesgericht) that held the arbitral award of the Court of Arbitration for Sport (CAS) in Claudia Pechstein’s doping case to be unenforceable has attracted a lot of attention internationally. It has been called  “ground-breaking”, “earth-shaking” and “revolutionary”. Antoine Duval of the T.M.C. Asser Instituut has done a great job and produced an English translation of the judgment, available at SSRN. I am sure that the translation is of great interest to large parts of the international arbitration community. I also hope that it helps to dispel some misconceptions about the judgment’s percieved hostility to sports arbitration. Here is Antoine’s take on the judgment: Continue reading

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