To the best of my knowledge, the Federal Supreme Court (Bundesgerichtshof) decision of 1 March 2021 is the first one dealing with one of the procedural issues arising after Brexit, namely the question of security for costs to be posted by British plaintiffs in German proceedings pursuant to Section 110 German Code of Civil Procedure (Zivilprozessordnung, ZPO) if the proceedings were already pending before the United Kingdom’s withdrawal from the European Union became effective. Implicitly, the Federal Supreme Court also addresses the question of whether “old” multilateral treaties such as the 1968 Brussels Convention or bilateral treaties such as the 1960 British-German Convention were revived after Brexit. Continue reading
On 26 March 2021, the Advisory Commission published its recommendation regarding the restitution claim brought by the heirs of Kurt and Else Grawi against Düsseldorf. As noted earlier, the Advisory Commission appears to be on track for a new record: It started the year with two recommendations regarding Max Fischer v. Staatliche Kunsthalle Karlsruhe, and Heinrich Rieger v. Stadt Köln within a couple of days, and now issued its third decision in 2021. To put this into perspective: From its inception in 2005 until 2020, the Advisory Commission had issued a total of 18 recommendations. With one exception, it never issued more than two recommendations in one year, and never more than three.
In its most recent decisions, the Advisory Commission recommends that the City of Düsseldorf returns the Franz Marc painting “Füchse” to the heirs of Kurt and Else Grawi. The recommendation was not made unanimously. It was passed by a majority, with six members voting in favour, and three against the recommendation. Continue reading
In a decision published on 26 March 2021, the Frankfurt Court of Appeals (Oberlandesgericht) held that in arbitral proceedings, the arbitral tribunal is entitled to base its award on the results of its own internet research. On that basis, the Frankfurt Court of Appeals declared an arbitral award between two pharmaceutical companies for approx. EUR 140 million enforceable. Continue reading
From 22 to 24 March 2021, the 5th Hamburg International Arbitration Days will take place online – Hamburg has never been closer: wherever you are, it is only a click away! The main event on 23 March 2021 is organised by the Center for International Dispute Resolution at Bucerius Law School and will focus on selected issues of multi-party arbitrations. Continue reading