This is a post for conflicts of laws nerds and lovers of legal policy – a lesson in symbolic politics and disregard for private international law expertise. And it takes me back to my days as a student assistant to Professor Schurig at Passau University where I learned the tools of the trade..
Following a referral by the Federal Supreme Court (Bundesgerichtshof), the Federal Constitutional Court (Bundesverfassungsgericht) has overturned the Law to Fight Child Marriages (Gesetz zur Bekämpfung von Kinderehe). Continue reading →
In an M&A contract, the parties consider agreeing on the jurisdiction of the German courts. The corporate guys get in touch: “Isn’t there this M&A chamber at the Frankfurt District Court, where they conduct proceedings in English…?”
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by Lena Rindfus, Stefan Horn and Peter Bert
In a recent decision, the Federal Supreme Court (Bundesgerichtshof) held that German courts have jurisdiction to fully review arbitral awards applying competition law, if such an award is before them in enforcement or setting aside proceedings. The prohibition of a révision au fond, that is, a substantive review of the arbitral award by the ordinary courts, which is part of both the German domestic arbitration law and the New York Convention, does not apply in that context. Hence, lengthy and complex arbitral proceedings could end up being just “first instance proceedings” on their way to the ordinary courts if they relate to competition law matters. Continue reading →
Last year, I looked at “best of” lists from the English-speaking world and complied a survey comprising the New York Times, The Guardian, JazzWise, Pitchfork and Slate. This year, I took a slightly different approach and combined the Anglo-Saxon view provided by the New York Times and The Guardian with two German sources, Süddeutsche Zeitung and Bayerischer Rundfunk (Bavarian Public Radio).
As a result, the survey contains more (continental) European artists. But like last year, there is very little overlap and the compilation is pretty diverse. Continue reading →