Art Law: Bavarian Legislative Proposal “Unlikely to Succeed”, Minister Says

Featured

The Bavarian legislative proposal dealing with art restitution rlaims will be on the agenda of the Upper Chamber (Bundesrat) of the German parliament this Friday. Ahead of the session, Thomas Kutschaty, the Minister of Justice for North Rhine Westphalia went on the record in an interview yesterday with news magazine FOCUS, stating that the Bavarian would “certainly not be approved” in parliament in its current form. Kutschaty on the one hand voiced constitutional concerns and on the other hand criticized the Bavarian approach on the burden of proof. It would be almost impossible, he said, of the heirs of Nazi victims, to provide evidence as to the ownership of lost art. Like many critics, however, he has – so far, at least – remained silent on the alternatives he would propose.

Share and Enjoy

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

Hague Convention on Choice of Court Agreements – A U.S. Perspective

Featured

Last week’s guest post by Pietro Franzina discussed the proposal of the EU Commission, recently adopted, that the EU should become a party of the Hague Convention on Choice of Court Agreements. Today, Ted Folkman provides the U.S. perspective on the Convention on his blog, Letters Blogatory, following up on an earlier post on the different proposals on how to implement the Convention in the U.S. system of state and federal courts. Ted, in short, believes that the Convention should be adopted and that in the real word, the differences between the rivalling approaches will not be felt.

Share and Enjoy

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

EU to Become a Party to the Hague Convention on Choice of Court Agreements

Today’s guest post is by Pietro Franzina, associate professor of international law at the University of Ferrara. Professor Franzina discusses the proposal of the EU Commission, recently adopted, that the EU should become a party of the Hague Convention on Choice of Court Agreements, and looks at the interplay between this convention and the Brussels regulations. Continue reading

Share and Enjoy

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

English Language in German Courts – Reloaded

Back in 2011, a legislative initiative to allow commercial matters in German courts to be heard in the English language made it to the stage of expert hearings in parliament, but then slowly and quietly passed away. The proposal known as Gesetz zur Einführung von Kammern für internationale Handelssachen (KfiHG)  formally became obsolete when the parliamentary term ended with last year’s elections. Today, Hamburg has taken the issue up again and re-introduced the initiative to the Upper Chamber (Bundesrat) of the German parliament. The scope of the proposal apparently has remained unchanged. In 2011, the majority of the experts heard in parliament were in support of the proposal – see here for a report by one of the experts. We will see how far it gets in this second attempt.

Share and Enjoy

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

Art Law: A Closer Look at the Proposed Art Restitution Act

The Bavarian State Government ealier this month presented the proposed Art Restitution Act (Kulturgut-Rückgewähr-Gesetz, KRG). Here is a closer look at how it is supposed to work, and what it is likely to achieve. Continue reading

Share and Enjoy

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

German Civil Procedure: What’s New in 2014

On January 1 of each year, new legislation comes into force. So what’s new in German civil procedure?                   Continue reading

Share and Enjoy

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

Art Law: Proposed Legislation for the Reform of Limitation Rules

In December 2013, as a reaction to the Gurlitt art find, the newly appointed Bavarian Minister of Justice announced that Bavaria would propose a change of the German Civil Code to address the application of the statute of limitation to looted art. And he delivered: The proposal was approved by the Bavarian State Government today. Bavaria’s initiative to amend the Civil Code – which is federal, not state law – will now be dealt with in the Upper Chamber (Bundesrat) of the German parliament. It is expected to be on the Bundesrat’s agenda on February 14, 2014. If it passes this hurdle, the proposal will be dealt with, and ideally approved by, the Lower Chamber (Bundestag). Here is a link to the proposed legislation – the Kulturgut-Rückgewähr-Gesetz, or Art Restitution Act. Watch this space for a more detailed post commenting on the proposal.

Share and Enjoy

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