Month: November 2012

CIETAC Administered Arbitrations: Internal Conflicts Cause Uncertainty

Disputes between the China International Economic and Trade Arbitration Commission (“CIETAC”) and its sub-commissions in Shanghai (“CIETAC Shanghai”) and Shenzhen (“CIETAC South China”) currently cause significant legal uncertainty. In a post at the Kluwer Arbitration Blog, we discuss this topic, and the legal risks these internal issues at CIETAC create  for parties that have agreed on CIETAC arbitration clauses.

Loriot v. Wikipedia – Transatlantic Service and Injunctive Relief


“Loriot”
by Phillip von Ostau

For Germans, this case pitches two iconic names against each other: Loriot was one of Germany’s most loved comedians, actors, film makers and cartoonists. He passed away in August 2011. Shortly thereafter, his daughter sued Wikimedia Foundation in the Berlin courts for allegedly violating Loriot’s copyright. Wikipedia’s German entry for Loriot depicted, inter alia, postal stamps with Loriot cartoons. For the purposes of this blog, the judgment of the Berlin District Court (Landgericht) is interesting not so much for the copyright issues – on these, Loriot’s daughter prevailed on one, and lost on the other – but rather for its holding relating to service of a German injunction in the United States. Read More

Bleier v. Bundesrepublik Deutschland: Service and Immunity

Today’s guest post by Ted Folkman of Letters Blogatory addresses the interplay of German and US courts in relation to service under the Hague Service Convention in a putative class action:  

The plaintiffs in Bleier v. Bundesrepublik Deutschland  claim that they are hold pre- WWII German bonds, on which Germany ceased making repayments in 1933.

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