In earlier posts, I have complained about the difficulties of obtaining freezing orders in Germany. At least in one respect, there is hope: As part of an overhaul of Germany’s maritime and shipping laws, arresting ships will me made easier. The draft legislation published in May 2012 by the Ministry of Justice proposes to amend Sec. 917 German Code of Civil Procedure (Zivilprozessordnung) to that effect. Continue reading
A judgment of the Nürnberg Court of Appeals (Oberlandesgericht) of December 2010 deals with the recognition and enforcement of a Worldwide Asset Freezing Order, or WAFO, issued by the High Court in London. The judgment was recently published in legal journals such as ZIP 2011, 1840, but apparently is not available on a free database. Continue reading
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My gut feeling: Germany is a jurisdiction where it is notoriously difficult to get a freezing order even in fraud cases. I do not have any empirical data to back this up, and can not think about a methodology to test my hypothesis. But it appears to be supported by a recent case in the Frankfurt Court of Appeals (Oberlandesgericht). Continue reading