Corona and the German Courts – A Tale in Three Acts

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SARS-CoV-2_49534865371Like every other area of public life, the Corona crisis has hit the German courts with full force and did not leave it unscathed. But the reactions vary: They range from judges and courts still holding ordinary sessions and carrying on with oral hearings to courts being virtually closed except for on-call judges for very urgent matters, with standard civil and commercial matters being postponed ex offico. Three aspects of the current situation are of particular interest: Continue reading

Disputes in the Time of Corona: ADR as a Fast and Flexible Way Forward

SARS-CoV-2_49534865371The disruption to business caused by the corona virus will inevitably leads to disputes. Examples that come to mind are the late supply or the failure to deliver critical supplies in an international supply chain, and the allocation of unforeseen risks and costs. Other questions might concern material adverse change (MAC) or force majeure provisions  and insurance coverage for Corona-related issues. In most cases, going to court is not really an option, given the urgency involved in finding a solution.  Continue reading