Case of the Week: Litigating in the Shadow of Brexit

BrexitThis week, yet another Brexit deadline expired without additional clarity as to when and on what terms Brexit will occur. This creates uncertainties, which affect business relations with British parties, and impact, amongst many other fields, civil litigation. So in this week’s Case of the Week, we present the three cases I know of in which German courts had to decide on Brexit-related issues. The cases deal with security for costs, the validity of choice of court agreements and with freezing orders in a Brexit context.  Continue reading

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International Comparative Legal Guide to International Arbitration

ICLG International ArbitrationDonata von Enzberg and I have authored the German chapter in the ICLG International Arbitration 2019. The guide covers common issues in international arbitration laws and regulations – including arbitration agreements, governing legislation, choice of law rules, selection of arbitral tribunal, preliminary relief and interim measures – in 52 jurisdictions,

We still have some hard copies to give away – if you are interested, let me know and we will ship a copy to you, while stocks last. Continue reading

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Case of the Week: Federal Supreme Court Rules on Damages for Violation of Choice of Court Agreement

US District Court Eastern District of VirginiaIn a judgment last week, the Federal Supreme Court (Bundesgerichtshof) has found a US party liable for damages for bringing an action against its German contractual counterparty in the US in violation of an agreement on the jurisdiction of the German courts. With this judgment, the Federal Supreme Court decided an issue that so far had been controversially debated in the German legal literature. Until this decision, it was not clear whether the violation of a choice of court agreement does not only have a procedural effect, but does also render the violating party liable for monetary damages. (Disclosure: This post is based on the Federal Supreme Court’s press release only, as the full judgment is not yet available. I will provide an update when the judgment comes out.) Continue reading

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15th Frankfurt Roundtable on Investment Law and Investment Treaty Arbitration, 12 November 2019

The Frankfurt Roundtable on Investment Law and Investment Treaty Arbitration is taking place on 12 November 2019 and celebrating its 15th anniversary. As always, the event is organized by Alfred Escher and Jan Schäfer – congratulations!

The litigators are discussing the establishment of International Commercial Courts (for example at next week’s IBA Conference in Milan), and the investment arbitration community ponders the establishment of a Multilateral Investment Court (MIC). Just a coincidence? The MIC is on the agenda, as are human rights, and – almost inevitably – Brexit. Here’s a link to the full programme: Gesprächskreis Investitionsrecht und -schiedsgerichtsbarkeit 2019.

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7th Symposium Law Made in Germany, 6 November 2019, Frankfurt – Commercial Courts

Law Made in germanyThe “Law Made in Germany” initiative is seeking to promote the use of German law in international business transactions. The initiative is largely a reaction to a similar initiative of the Law Society in England & Wales. Continue reading

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3rd IBA Litigation Committee Conference on Private International Law – The latest on Brexit, International Commercial Courts and Sanctions, Milan, 24/25 October 2019

IBA MIlanThis year, the IBA Litigation Committee Conference on Private International Law  is being held for the third time, following successful events in 2014 and 2016.

According to a German saying, if an event takes place for the third time, it qualifies as a tradition! The organizers were daring enough to put Brexit on the agenda, so expect some last-minute updates. The conference will look at these topics:

  • Brexit – the impact on jurisdiction and private international law
  • The mushrooming of International Commercial Courts throughout Europe – reasons and perspectives
  • Sanctions – politics, procedures and private international law

Here is the link to the full programme.  I very much look forward to the programme, to  seeing as many of you as possible in person, and to learning about the law, about the city and its culture and about life in general: On one of the previous occasions I learned that the Blue Note jazz club in Milan was founded by a Milanese lawyer, who was not content to simply create one of the better-known Italian law firms…

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