Month: October 2011

When Lawyers Get It Wrong: Arbitration Clause Appointing a Non-Existing Arbitration Institution

In a judgment dated July 14, 2011, the German Federal Supreme Court (Bundesgerichtshof) has confirmed its approach to pathological arbitration clauses. The court held that an arbitration agreement that stipulates a non-existing arbitration institution is not per se unenforceable. Read More

Worldwide Asset Freezing Orders: Welcome to Germany

A judgment of the Nürnberg Court of Appeals (Oberlandesgericht) of December 2010 deals with the recognition and enforcement of a Worldwide Asset Freezing Order, or WAFO, issued by the High Court in London. The judgment was recently published in legal journals such as ZIP 2011, 1840, but apparently is not available on a free database. Read More