Case of the Week: Up the Anti – Munich Courts Issue Germany’s First Anti-Anti-Suit Injunction in Nokia v. Continental

OLG München 2The Munich District Court (Landgericht München I) has issued, and the Munich Court of Appeals (Oberlandesgericht München) has confirmed in a judgment dated 12 December 2019 what appears to be Germany’s first anti-anti-suit injunction.

In the time-honoured tradition of German case reporting, the judgment is anonymized. However, read in conjunction with press reports and the reported US cases, it is clear that the injunction was issued for the benefit of Nokia of Finland against German automotive supplier Continental in the context of a patent war around connected cars and fair, reasonable, and non-discriminatory (FRAND) licenses. Continue reading

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Art Law: German Lost Art Foundation Establishes “Help Desk”

Deutsches Zentrum KulturgutverlusteLast week, the German Lost Art Foundation (Deutsches Zentrum für Kulturgutverluste) announced that as of the beginning of this year, it has established a help desk to support victims of Nazi persecution and their descendants with enquiries regarding looted art. Here’s from the press release: Continue reading

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Facebook Does Speak German: Valid Service of German-language Documents in Ireland

OLG DÜsseldorf - Facebook - picBack in December 2019, the headline to my post on that very topic still had a question mark: “Does Facebook speak German?” I had reported on what appeared to be only the second decision by a German court of appeals (Oberlandesgericht) on the issue whether Facebook Ireland, the legal entity operating Facebook’s German activities, is entitled to refuse service of German-language court documents under Article 8 of the European Service Regulation.* Continue reading

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2020: German Arbitration Institute’s Centennial

100 Jahre DIS

On the first business day of the New Year, here comes a Save the Date, marking an important milestone for the German dispute resolution community:

On 24 April 2020, the German Arbitration Institute (Deutsche Institution für Schiedsgerichtsbarkeit; DIS) will celebrate its 100th anniversary in Bonn. It was established on 21 April 1920 as the Deutsche Ausschuss für das Schiedsgerichtswesen (DAS).

Today’s modern DIS originates from the 1992 merger of DAS and Deutschen Institut für Schiedsgerichtswesen established in 1974.

The current arbitration rules of DIS came into force on 1 March 2018 – see here for my take on them.

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Gender Differences in Dispute Resolution: Science, Experience and Practical Approaches, Munich, 24 January 2020

Arbitral WomenRegular readers of this blog may recall that I anaylzed the first set of arbitrator data made available by the ICC at the Kluwer Arbitration Blog back in September 2016. That post contained a chapter with a catchy but slightly misleading headline: Everything You Always Wanted to Know About Sex (But Only Now Are Able To Ask)”. Later,  I reported on the German Arbitration Institute (DIS) gender balance statistics when they first came out in 2017. These posts obviously did not go (much) beyond the numbers. Digging deeper is what the title of this upcoming event promises to do, so I am happy to advertise this half-day conference organized by Arbitral Women and supported by DIS in Munich next month. Klick here for details.

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