“Birth of an International Treaty: The 2019 Judgments Convention” – HCCH Webinar, 8 October 2021

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The Hague Convention on Choice of Court Agreements entered into force only recently – and as a result of Brexit, all of a sudden has gained practical relevance that was rather unexpeted. But the Hague Conference on Private International Law (HCCH) does not stand still – welcome to the 2019 Judgments Convention. And what better way to learn about it than from the HCCH itself:

“In this lecture, the HCCH will take you behind the scenes of the negotiation of its newest treaty. Adopted in July 2019, the Judgments Convention establishes a common framework for the global circulation of judgments in civil or commercial matters, overcoming the complexities arising from differences in legal systems. Once it enters into force, it will increase legal certainty and predictability, essential elements for international trade and business. Join us to discover how the Judgments Convention was negotiated and adopted! “ 

The lecture is part of the “Just Peace Month” programme. More information and the registration form is available here.   

Photo: Lybil, Peace Palace, CC BY-SA 3.0

The Month in Retrospect: What Else Happened in August 2021

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Coping with the Diesel Caseload

The Volkswagen wave of Diesel cases may be ebbing off in the lower courts, but Diesel-related claims against other manufacturers continue to be filed. In the Stuttgart district court (Landgericht), the number of new civil cases is up by 60%, driven primarily by Diesel claims against Daimler. And increasingly, cases end up in the Federal Supreme Court (Bundesgerichtshof). This had let the court to temporarily create an additional senate, i.e. a bench of five judges. a measure that is taken extremely rarely. It helps distributing the burden more equally across the bench, but does not add capacity, as the number of judges appointed to the Federal Supreme Court does not change. Continue reading

Settling Art Disputes by Alternative Dispute Resolution: Future and Challenges in Germany and Worldwide, 22 September 2021

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The University of Bonn, via its “Forschungsstelle Kunst- und Kulturgutschutzrecht” and the Court of Arbitration for Art are organizing a webinar on alternative dispute resoution in the art world: Continue reading

Art Law: Constitutional Challenges against Cultural Property Protection Act Fail

Almost to the day five years after the Act on the Protection of Cultural Property (Kulturschutzgesetz; KGSG) entered into force, the Federal Constitutional Court (Bundesverfassungsgericht) published a decision which dismissed several constitutional complaints (Verfassungsbeschwerden) challenging various previsions of the Cultural Property Protection Act. The constitutional complaints were brought by art and antiquity dealers and auction houses. They alleged that certain provisions of the Cultural Property Protection Act violated their basic rights (Grundrechte) based on Article 12, which protects the freedom to choose and exercise one’s profession and occupation and on Article 14 Basic Law (Grundgesetz),which guarantees and protects the right to private property. Continue reading