Peter Bert's Blog about Litigation, Arbitration and Mediation in Germany – Art Law, Case Law, News etc.
Last week, the European Court of Justice held that choice of court agreements fall within the scope of Article 25(1) Brussels I Regulation if parties to a contract domiciled in the same Member State agree on the jurisdiction of the courts of another Member State, even if the contract has no further connection with that other Member State. Read More
This is the third annual survey of this kind. This year, I have adopted the same basic approach as in the 2022 survey: The table below combines the Anglo-Saxon view of the jazz world, represented by the New York Times and The Guardian and two German sources, Süddeutsche Zeitung and Bayerischer Rundfunk (Bavarian Public Radio). This year, I have added a French source, TSF Jazz, “la première radio Jazz de France.” Read More
The judgment of the Federal Supreme Court (Bundesgerichtshof) in the “Lost Art” database case so far has attracted attention primarily because of its significance for art and restitution law. However, it has something to offer not only in terms of substantive law (more on this will be forthcoming shortly), but also in terms of procedural law: In the judgment published yesterday, the court also considered the question of international jurisdiction based on the failure of a defendant domiciled outside a Member State of the European Union to object to the jurisdiction of the German courts. Read More
Today marks the 75th anniversary of the Universal Declaration of Human Rights.
The Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 and sets out, for the first time, fundamental human rights to be universally protected. The United Nations have chosen “Freedom, Equality and Justice for All” as the 2023 theme. Read More
On September 1, 2023, the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters enters into force. In German domestic law, the jurisdiction for the enforcement of foreign judgments is newly defined – as of today, the dictrict courts (Landgerichte) will have exclusive competence in these matters. Read More