The Month in Retrospect: What Else Happened in July

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Robert BoyleEvaluation of the Mediation Act

Five years ago, the Mediation Act (Mediationsgesetz) came into force. We did cover the legislative process on the blog in quite some detail. The Act provided for an evaluation to take place at the fifth anniversary. This report has now been published by the Federal Ministry of Justice. Here is a link to the full report, and here is a link to a summary produced by Professor Reinhard Greger, who served as a judge at the Federal Supreme Court before becoming a full-time academic. His summary is critical of the success of the Act: In essence, the total number of mediations remains low, and has not increased significantly since the Act came into force. Only very few mediators can actually earn a meaningful income by providing mediation services. Continue reading

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Case of the Week: No English Translation Required for Service of German Proceedings on Facebook in Ireland

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Le_palais_de_justice_de_Littenstrasse_(Berlin)_(6303550695)This case of the week deals with the question if and when a translation is required if service of proceedings is effected abroad. It arose in an action brought by a German Facebook user against Facebook Ireland, the Facebook entity through which Facebook apparently conducts its business in mainland Europe. As always in matters of service, we are not really concerned with the underlying facts, but it appears that Facebook blocked the user’s account, and the user wanted to have this measure removed. Initial correspondence by email led to nothing. Facebook Ireland refused to de-block the account with an email; an email, it must be noted, written in German. The user then issued proceedings in the Local Court (Amtsgericht) Berlin-Mitte, filing a statement of claim in German. No translation was ordered, and all the papers were served on Facebook in Ireland in German only. Facebook challenged the validity of Service. Continue reading

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Frankfurt vs London – Brexit: An Opportunity for Frankfurt to Become a New Hub of Litigation in Europe?

Eintracht_Frankfurt_Logo_svgEintracht Frankfurt has had a great run in the first half of the current Bundesliga season, eying a spot in next season’s Europa League or, behold, even a Champions League slot. So matches between Frankfurt and one of the London teams appeared a real possibility. More recently, Eintracht’s losing streak of five straight matches has cast some doubt over these ambitions, even though the team just about manage to hold on to a Europa League Slot for now. But of course, there’s the Brexit-induced battle between London and Frankfurt for the lead role in the European financial services sector that will go ahead in any event. Continue reading

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German Institution of Arbitration: Model Arbitration Clause for ISDA Master Agreement

 

dis-logoThe German Institution of Arbitration (DIS) has issued a model arbitration clause specifically tailored for use with the 2002 ISDA Master Agreement, the financial industry standard service agreement for OTC derivatives transactions. DIS views this as “yet another step in broadening the DIS’s portfolio for different industry sectors and attracting new domestic and international users.” Here’s a closer look: Continue reading

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