Case of the Week: Federal Constitutional Court Issues Interim Order in Jones Day/Volkswagen Case

Featured

BundesverfassungsgerichtThis Case of the Week is hot off the press – the case originally scheduled for today will have to wait: Today, the Federal Constitutional Court (Bundesverfassungsgericht) announced that it had issued a rare interim order in support of a constitutional challenge (Verfassungsbeschwerde) of the law firm Jones Day against a court order that allowed the seizure of potentially privileged documents from Jones Day’s Munich Offices. Continue reading

Share and Enjoy

If you "flattr" Dispute Resolution Germany, your payment will go to amnesty international.

Case of the Week: No English Translation Required for Service of German Proceedings on Facebook in Ireland

Featured

Le_palais_de_justice_de_Littenstrasse_(Berlin)_(6303550695)This case of the week deals with the question if and when a translation is required if service of proceedings is effected abroad. It arose in an action brought by a German Facebook user against Facebook Ireland, the Facebook entity through which Facebook apparently conducts its business in mainland Europe. As always in matters of service, we are not really concerned with the underlying facts, but it appears that Facebook blocked the user’s account, and the user wanted to have this measure removed. Initial correspondence by email led to nothing. Facebook Ireland refused to de-block the account with an email; an email, it must be noted, written in German. The user then issued proceedings in the Local Court (Amtsgericht) Berlin-Mitte, filing a statement of claim in German. No translation was ordered, and all the papers were served on Facebook in Ireland in German only. Facebook challenged the validity of Service. Continue reading

Share and Enjoy

If you "flattr" Dispute Resolution Germany, your payment will go to amnesty international.

Women Arbitrators in Germany: DIS Publishes 2016 Gender Balance Statistics

dis-logoLast month, the German Institution of Arbitration (DIS) published its 2016 gender Balance statistics on DIS arbitral tribunals:

Continue reading

Share and Enjoy

If you "flattr" Dispute Resolution Germany, your payment will go to amnesty international.

Case of the Week: Federal Supreme Court on Arbitrability of Shareholder Disputes – “Arbitrability III”

SRCoLDIn a recent decision, the Federal Supreme Court (Bundesgerichtshof) has held that shareholder disputes, and in particular challenges to shareholder resolutions (Beschlußmängelstreitigkeiten) in a limited partnership (Kommanditgesellschaft) are arbitrable in principle. The standards governing the arbitrability of disputes of that nature in the limited liability company (GmbH) apply to partnerships as well. The Federal Supreme Court refers to this decision as “Arbitrability III” (“Schiedsfähigkeit III”), so let’s briefly look at “Arbitrability I” and “Arbitrability II” to put this this decision into context: Continue reading

Share and Enjoy

If you "flattr" Dispute Resolution Germany, your payment will go to amnesty international.