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. Read More
Category: International Arbitration
Hamburg International Arbitration Days, 22 – 24 March 2021
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. Read More
Intra-EU Investment Arbitration: Frankfurt Court of Appeals Finds BIT-Based Arbitration Inadmissible
An Austrian and a Croatian bank commenced arbitral proceedings against the Republic of Croatia seeking damages on the basis of the 1999 Agreement between the Republic of Austria and the Republic of Croatia for the Promotion and Protection on Investments (BIT); the arbitral tribunal was to be seated in Frankfurt am Main. Croatia applied to the Frankfurt Court of Appeals (Oberlandesgericht) to find that the arbitral proceedings were inadmissible (Sec. 1032 para. 2 German Code of Civil Procedure, ZPO). Croatia relied on the 2018 Achmea decision of the European Court of Justice (ECJ) – the well-known case which also originated in the Frankfurt Court of Appeals and came to the ECJ via a reference from the German Federal Supreme Court (Bundesgerichtshof). Read More
Goethe University, Frankfurt: German & International Arbitration Course, Summer Term 2021
Goethe University’s Law School has just announced the details for this year’s course in German and International Arbitration. As you would expect, this year’s edition will be completely virtual, so it might be of interest to students outside Frankfurt as well. Here is the course announcement: Read More