Greek Debt Crises Reaches Federal Supreme Court

Coat_of_arms_of_Greece_svgGerman investors in Greek government bonds have sued the Hellenic Republic in German courts over losses suffered as a result of the restructuring of their bonds. The Greek debt restructuring which triggered this litigation took place in March 2012. Greek bonds were exchanged for new bonds with lower principal, lower interest rates and longer maturity, resulting in a haircut for investors. A large majority of investors accepted the swap, but some investors did not, and went to court. Continue reading

Share and Enjoy

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

Frankfurt Court of Appeals Upholds BIT Arbitration Clause Again – Eureko v. Slovak Republic, 2nd Round

We have covered these proceedings between the Slovak Republic and Eureko, a Dutch health insurance provider before. At the heart of the matter is the issue whether European law rendered arbitration clauses in intra-EU bilateral investment treaties (BITs), that is, in BITs between EU member states, inapplicable. To the best of my knowledge these are the first court proceedings addressing the issue: In May 2012, the Frankfurt Court of Appeals upheld an arbitral award that ruled on jurisdiction and arbitrability and held that the tribunal had authority to hear damages claims by Eureko against the Slovak Republic under the Netherlands/Czechoslovakia BIT of 1991. Continue reading

Share and Enjoy

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

Pre-trial Discovery of Documents under the Hague Evidence Convention – Germany’s Position Is Softening!

You read it here first – Germany’s position on the discovery of documents may be softening. My first post on the topic was triggered by a May 2013 decision of the Frankfurt Court of Appeals, setting aside a surprising decision by the Central Authority for the State of Hesse. It came with a question mark: Is Germany’s position softening? But now, the Federal Ministry of Justice (Bundesjustizministerium) is reconsidering Germany’s position.

Continue reading

Share and Enjoy

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

Frankfurt Court of Appeals on Conciliation Requirement Before Starting Litigation – Suhrkamp

This court decision is part of an on-going litigation battle between the shareholders of Suhrkamp Verlag, one of Germany’s best known publishing houses, with authors such as Hermann Hesse,  Samuel Beckett, Octavio Paz, James Joyce, Peter Handke, Jürgen Habermas or Uwe Johnson to its name, to name just a random few.

Continue reading

Share and Enjoy

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