Now that was quick: Last week, the German Bundestag passed a law amending the Code of Civil Procedure (ZPO) designed to allow the Federal Supreme Court (Bundesgerichtshof) to issue judgments that create precedents.
Category Archives: Law Reform
Preventing Precedent: Legislative Action Expected
There is an increasing practice of corporate defendants, mainly from the fincancial services sector to withdraw their appeal (Revision) before the Federal Supreme Court (Bundesgerichtshof) once it becomes clear that the court will find against them to avoid a judgment that could serve as precedent against them. As previously reported, this has led lawyers and consumer protection groups to advocate changes to the Code of Civil Procedure (ZPO). The Federal Supreme Court should be able to give judgment even if the underlying litigation has been terminated. Continue reading
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Law Reform: Yet Another Call to Rethink Civil Procedure
In an op-ed piece in today’s Handelsblatt, Reinhard Gaier, a judge at the Federal Consitutional Court (Bundesverfassungsgericht), calls for a fundamental review of the entire system of civil litigation (Shaky Foundation – Unsicheres Fundament; paywalled). Last month, Gaier published a similar piece in Frankfurter Allgemeine in March, and started the year with an interview in the legal press on the topic (Ist die Zivilprozessordnung noch ein modernes Verfahrensrecht?, ZRP 2013, 27) so he is on the campaing trail. For what it’s worth, he does have my full support.
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My Court Is Better Than Your Court – And Cheaper, Says English Justice Secretary
The idea that jurisdiction compete for business is getting increasing traction – in Germany, with initiatives like “Law Made in Germany” or English language proceedings in German courts, but even more so in England. The Lord Chancellor and Justice Secretary Chris Grayling this week spoke on his initiative “UK Legal Services on the International Stage”. Not surprisingly, he said that London offered an “unrivalled mix of judicial expertise in the fields of finance, business and property.” But then he went on to say that ”resolving disputes in the UK is quicker and cheaper – saving businesses up to £1.4bn a year – but still results in cast-iron judgments that are respected around the world.” Continue reading
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Law Reform: Prominent Judge Calls for Involvement of Private Practice Lawyers in Judiciary
Reinhard Gaier, a judge at Germany’s highest court, the Federal Constitutional Court (Bundesverfassungsgericht) has written a remarkable op-ed piece for yesterday’s Frankfurter Allgemeine (Hard Nuts – Harte Nüsse). Judge Gaier suggests that what the German judiciary needs is more private practice lawyers getting involved in the judiciary. Continue reading
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Presentation of the MAL Digest/UNCITRAL Rules – Berlin Conference, March 1, 2013
The German Institution of Arbitration (DIS) is organizing, jointly with UNCITRAL, Humboldt-University Berlin and the German Ministry of Justice, a conference “Presentation of the MAL Digest / UNCITRAL Rules” to be held in Berlin on March 1, 2013. The event will cover two topics: The presentation of the digest of case law on the UNCITRAL Model Law on the one hand, and the 2010 UNCITRAL Rules and their administration by DIS on the other hand.
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Germany’s Mini-Madoff: Barclays Sued in Frankfurt, Munich under Revised KapMuG
According to press reports, some sixty retail investors are suing Barclays in Frankfurt over certificates issued by Barclays that related to Helmut Kiener’s Ponzi scheme. Similar actions are being brought in Munich. If I am not mistaken, then this is the first large-scale litigation where the German plaintiff bar tries to establish a model procedure under the extended scope of the revised Capital Market Investors’ Model Proceedings Act (KapMuG) that came into force in November 2012 - or perhaps even the first one overall. Continue reading