Corona and the German Courts – A Tale in Three Acts

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SARS-CoV-2_49534865371Like every other area of public life, the Corona crisis has hit the German courts with full force and did not leave it unscathed. But the reactions vary: They range from judges and courts still holding ordinary sessions and carrying on with oral hearings to courts being virtually closed except for on-call judges for very urgent matters, with standard civil and commercial matters being postponed ex offico. Three aspects of the current situation are of particular interest: Continue reading

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Disputes in the Time of Corona: ADR as a Fast and Flexible Way Forward

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SARS-CoV-2_49534865371The disruption to business caused by the corona virus will inevitably leads to disputes. Examples that come to mind are the late supply or the failure to deliver critical supplies in an international supply chain, and the allocation of unforeseen risks and costs. Other questions might concern material adverse change (MAC) or force majeure provisions  and insurance coverage for Corona-related issues. In most cases, going to court is not really an option, given the urgency involved in finding a solution.  Continue reading

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Goethe University, Frankfurt: German & International Arbitration Curriculum, Summer Term 2020

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1200px-Goethe-Logo_svgGoethe Universtity’s Law School has just announced the details for this year’s course in German and International Arbitration:

“Wanting to learn more about commercial arbitration? This Goethe University curriculum provides a comprehensive introduction to the theory and practice of German and international commercial arbitration. Continue reading

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Brexit Update: The UK’s Negotiation Strategy

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UK Breixt Feb 2020Earlier this month, when the European Commission published its draft mandate for the Brexit negotiations with the United Kingdom, I looked at what was in there regarding matters relevant to this blog, in particular at judicial cooperation in civil and commercial matters. The European Commission’s paper was silent on these topics. Today, the U.K.’s equivalent has been published, and it contains a short paragraph on the topic: Continue reading

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Brexit Meets Looted Art – The Elgin Marbles And Beyond

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Elgin marblesEarlier this month, we reviewed the draft directive for the EU Commission’s Brexit negotiations with the United Kingdom for matters relevant to this blog. Today, the European Commission’s negotiation mandate was confirmed. Comparing the draft version with the final mandate approved by the 27 EU member states today, there is one noticeable change.

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IBA Annual Litigation Forum: New Challenges in Multijurisdictional Litigation, 6-8 May 2020, Buenos Aires

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IBA_BAThis time last year, I was still quite nerveous about getting everything lined up for the IBA’s Annual Litigation Forum in Berlin which I had the honour of co-charing. This year, I can sit back, relax and plan my trip to Argentina, knowing that things are in the capable hands of our friends Angelo Anglani and Rodrigo Fermin Garcia. Continue reading

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The Hague Judgments Convention – Should the European Union Join?

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HCCH LogoLast week, the European Commission started a consultation process on the question whether the EU should join the Hague Judgments Convention (Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters). Here is the Commission’s summary: Continue reading

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Cases of the Week: How (Not) To Bundle Claims

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Landgericht BraunschweigGermany does not have US style class actions. The introduction of the Capital Market Investors’ Model Proceeding Act (Kapitalanlegermusterverfahrensgesetz, KapMuG) in 2005 (triggered by the Deutsche Telekom securities litigation) and of the Model Declaratory Proceedings (Musterfeststellungsklage) that were added to the German Code of Civil Procedure (ZPO) in November 2018 in order to address the wave of Diesel litigation have not really changed that. In the assessment of the plaintiffs’ bar, Germany’s legal tools for seeking collective redress are still not fit for purpose. Continue reading

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