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

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Porsche/Volkswagen Litigation: Moving Slowly, One Step At A Time…

olg-celle

We have not really covered the Porsche/Volkswagen saga for quite a long time – see here and here for posts on the jurisdictional journey of this litigation all across the country. Primarily, this was because not a lot has happened: Back in April 2014, the District Court (Landgericht) Hannover had published its order commencing a model proceeding (Musterverfahren) to be heard by the Court of Appeals (Oberlandesgericht) Celle (the order is available via the electronic register for model proceedings operated by the Federal Gazette at www.bundesanzeiger.de). Continue reading

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Securities Litigation in Germany: Volkswagen and The Fall-out of Dieselgate

Landgericht BraunschweigOn the blog, we have tracked the jurisdictional journey of securities litigation brought against Porsche in relation to its failed attempt to take over Volkswagen (see here and here, for example). Now, Volkswagen itself is at the centre of the most recent wave of big-time securities litigation. Investors are suing VW for failure to inform markets on time about the diesel emissions scandal, also known as Dieselgate. Jurisdictionally, things are pretty straightforward this time. The competent court, the Braunschweig District Court (Landgericht) issued a press release earlier this week on the current scope of the litigation. Continue reading

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Porsche Hedgefund Litigation Reaches Yet Another Court in Germany

Oberlandesgericht_Celle,_Schloßplatz_2,_Front_Aufschrift_Ernst_August_König_1840We have tracked the proceedings brought by investors against Porsche for damages allegedly suffered when Porsche attempted to take over Volkswagen over the last couple of years, and followed the journey of these claims through courts in London, New York, Frankfurt, Stuttgart, Braunschweig and Hannover. Now, at least a substantial part of these proceedings ended up in yet another German court, namely in the Court of Appeals (Oberlandesgericht) Celle. Continue reading

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