Settling Art Disputes by Alternative Dispute Resolution: Future and Challenges in Germany and Worldwide, 22 September 2021

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The University of Bonn, via its “Forschungsstelle Kunst- und Kulturgutschutzrecht” and the Court of Arbitration for Art are organizing a webinar on alternative dispute resoution in the art world: Continue reading

Art Law: Constitutional Challenges against Cultural Property Protection Act Fail

Almost to the day five years after the Act on the Protection of Cultural Property (Kulturschutzgesetz; KGSG) entered into force, the Federal Constitutional Court (Bundesverfassungsgericht) published a decision which dismissed several constitutional complaints (Verfassungsbeschwerden) challenging various previsions of the Cultural Property Protection Act. The constitutional complaints were brought by art and antiquity dealers and auction houses. They alleged that certain provisions of the Cultural Property Protection Act violated their basic rights (Grundrechte) based on Article 12, which protects the freedom to choose and exercise one’s profession and occupation and on Article 14 Basic Law (Grundgesetz),which guarantees and protects the right to private property. Continue reading

The Month in Retrospect: What Else Happened in July 2021

Hague Evidence Convention In Force For Georgia, Mongolia Joins HCCH

On 31 May 2021, Georgia deposited its instrument of accession to the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters and on 30 July 2021, the Convetion came into force. This takes the total number of contracting parties to the Evidence Convention to 64.

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News from Brussels on Lugano and The Hague

In July, the European Commission moved forward on some pending matters regarding international civil procedure. These concerned, on the one hand, the past in the form of the United Kingdom’s application to accede to the Lugano Convention post-Brexit, which was still formally to be resolved, and, on the other hand, the future, namely the European Union’s accession to the 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Judgments Convention). Continue reading

Updating Civil Procedure: Ideas for Reforms

Germany elects a new federal parliament (Bundestag) on 26th September 2021. Christine Lambrecht, the federal minister of justice is not running again. So irrespective of the outcome of the election, we will see a new face at the helm of the ministry. There is no shortage of ideas for the incoming minister to choose from if he or she goes about reforming civil procedure. Proposals range from the introduction of international commercial courts to dozens of proposals around the digitisation of civil procedure. Continue reading