Case of the Week: Federal Supreme Court on Arbitrability of Shareholder Disputes – “Arbitrability III”

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SRCoLDIn a recent decision, the Federal Supreme Court (Bundesgerichtshof) has held that shareholder disputes, and in particular challenges to shareholder resolutions (Beschlußmängelstreitigkeiten) in a limited partnership (Kommanditgesellschaft) are arbitrable in principle. The standards governing the arbitrability of disputes of that nature in the limited liability company (GmbH) apply to partnerships as well. The Federal Supreme Court refers to this decision as “Arbitrability III” (“Schiedsfähigkeit III”), so let’s briefly look at “Arbitrability I” and “Arbitrability II” to put this this decision into context: Continue reading

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German Institution of Arbitration: Model Arbitration Clause for ISDA Master Agreement

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dis-logoThe German Institution of Arbitration (DIS) has issued a model arbitration clause specifically tailored for use with the 2002 ISDA Master Agreement, the financial industry standard service agreement for OTC derivatives transactions. DIS views this as “yet another step in broadening the DIS’s portfolio for different industry sectors and attracting new domestic and international users.” Here’s a closer look: Continue reading

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DIS40: Art and Dispute Resolution, Berlin, September 27, 2016

dis-logoThe German Institution for Arbitration’s Autumn Conference is coming up soon, on September 28, 2016, in Berlin. DIS 40, the German Young Arbitrators’ Club for those under 40 or prepared to lie about their age, is hosting its event the day before, on Art and Dispute Resolution. Continue reading

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Public International Law in International Arbitration: 3rd Karl-Heinz Böckstiegel Lecture, Berlin, September 22, 2015

Berlin_Große_Orangerie_1987_01On September 22, 2105, Professor Bruno Simma, University of Munich and University of Michigan, will deliver the 3rd Karl-Heinz Böckstiegel Lecture, organized by the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit, DIS) and named after its Honorary Chairman, Professor Böckstiegel. The first lectures had been held in Bergisch-Gladbach, but this year, the date and location have been chosen to link into the DIS Autumn Meeting the following day in Berlin. The Autumn Meeting discusses Power Imbalances in International Arbitration.

The photo shows the venue of the lecture, the Orangery of Schloss Charlottenburg. Copyright Frank Schwichtenberg via Wikipedia

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