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

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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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4th Hamburg International Arbitration Day, 31 March 2020: Experts in Arbitration – Use, Obligations and Challenges

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Rechtsstandort HamburgOur friends up north invite you to join them for the 4th Hamburg International Arbitration Day. Here’s from the organizers:

“In most international arbitrations experts play a crucial role for the outcome of the dispute. At the same time, there is little regulation as to their participation in the proceedings, the standards of independence required or possible challenges. Depending on their background parties and arbitrators often have different expectations as to the role of the experts, in particular when they are party appointed experts and not tribunal appointed experts.”

The event is organized by the Center for International Dispute Resolution at Bucerius Law School, CAM-CCBC, HAC and Rechtsstandort Hamburg e.V. Click here for details.

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

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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

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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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