Art Law: Frankfurt Court Allows Limitation Defence in Looted Art Case

WP_Max_Pechstein_2When the news about the Munich art find in Cornelius Gurlitt’s apartment broke, a legal issue that so far had been of interest only to a small community of lawyers or legal scholars gained prominence: the application of the statute of limitation to restitution claims for looted art. As the law stood, restitution claims against Gurlitt would, in all likelihood, have become time-barred. When the Gurlitt case made headlines worldwide, all of a sudden, politicians paid attention to that rather esoteric question. The newly appointed Bavarian Minister of Justice even initiated legislation to deal with the issue. But the topic disappeared from the political stage as quickly as it had made its appearance when it became clear that Cornelius Gurlitt was not going to invoke the limitation defence. The Bavarian law-making initiative fell into oblivion. Continue reading

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Frankfurt Court of Appeals: Moving Towards Greater Specialization on the Bench

olg-frankfurt-ganz-neu2The Frankfurt Court of Appeals (Oberlandesgericht) is creating additional specialized senates (a Senat is a division of the court of appeals, sitting with three judges) as of the beginning of this year.

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EBS Law School Arbitration Day: All New and All Better? From New Rules to New Courts, November 18, 2016

headergrafik-law-school-main_visual_largeThe Center for Transnational Commercial Dispute Resolution (TCDR) at the EBS Law School in Wiesbaden hosts an Arbitration Day on the “Quest for Improved Systems of Arbitration”. One of the organisers of the event is EBS Professor Matthias Weller, who has previously contributed to this blog. Continue reading

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Singapore to Ratify Hague Convention on Choice of Court Agreements

Coat_of_arms_of_Singapore_(blazon)_svgWe have covered the Hague Convention on Choice of Court Agreements on several occasions (see, most recently, here and here). Now, the Convention is about to get a new party, and Patrick Dahm, a partner in my firm’s Singapore office, has the details:

On April 14, 2016, the Singapore Parliament has passed the Choice of Court Agreements Bill, about a year after Singapore signed the Convention on March 2015. The Bill is pending presidential assent and publication in the Government Gazette, which will bring it into force.

With this, the number of Convention parties will increase to three nominally, but effectively to 28: prior to Singapore, the Convention had been signed and ratified by Mexico and the European Union (spanning the EU itself and its members except Denmark). Signatories which have yet to ratify the Convention are the USA and Ukraine. Continue reading

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