German law requires notarial form for many commercial transactions, in particular for real estate contracts and the sale and transfer of GmbH Shares. Thus, a decision by the Munich Court of Appeals (Oberlandesgericht München) on challenges to an arbitration agreement based on the lack of notarial form is of great practical relevance.
The ICC’s Commission on Arbitration and ADR launched its Guide for In-House Counsel and Other Party Representatives on Effective Management of Arbitration in June 2014. The guide is designed “to provide in-house counsel and other party representatives, such as managers and government officials, with a practical toolkit for making decisions on how to conduct an arbitration in a time- and cost-effective manner, having regard to the complexity and value of the dispute.”
Last week, I had briefly posted that Judge Rakoff had ruled against the heirs of Paul von Mendelssohn-Bartholdy (left) in their suit seeking the restitution of Picasso’s Madame Soler. Today, we have a guest post by Michael Schulz of Frankfurt’s Goethe University who looks at the case in some more detail. Continue reading
In an earlier post, I had reported about the restitution claim brought against Bavaria in New York in 2013. The heirs of Paul von Mendelssohn-Bartholdy were seeking the restitution of Picasso’s “Madame Soler” from the Bavarian State Painting Collection (Bayerische Staatsgemäldesammlungen). In a decision on June 27, 2014, Judge Rakoff dismissed the action, on the basis that Bavaria was entitled to sovereign immunity. Continue reading