“The HCCH 2019 Judgments Convention: Cornerstones, Prospects, Outlook” – Conference, Bonn, 9/10 September 2022

Back in February 2020, one of the last pre-Pandemic posts on this blog was by Matthias Weller. Professor Weller introduced a conference on a topic at the very heart of this blog, namely the Hague Judgments Convention. The conference did of course not go ahead as planned in 2020, because nothing did. Nor did it take place in 2021, but we are all fairly optimistic that everything will work out the third time round. I suggest that you  mark 9 and 10 September 2022 in your diaries. Click here for details. Continue reading

Max Planck Institutes: Joint Opinion on Judicial Assistance Reforms

In February 2022, we covered the proposed legislation that would relax Germany’s position on the discovery of documents under the Hague Evidence Convention (see here). The draft bill that contained this proposal alongside a whole host of other issues has been reviewed in depth by two Max Planck Institutes (MPI), namely by the Hamburg Institute for Comparative and International Private Law and the Luxembourg Institute for International, European and Regulatory Procedural Law. The combined academic fire power was aimed at two bills in the field: Continue reading

Koblenz Court of Appeals Denies Recognition of Russian Arbitral Award in Germany

These days, a court decision related to Russia is likely to attract special attention. Therefore, it is worth pointing out at the outset that this matter is unrelated to Russia’s war against Ukraine. The Koblenz Court of Appeals (Oberlandesgericht)  happened to hand down its decision in March 2022, but the matter dates back to 2019. Continue reading

Federal Supreme Court on Independent Evidentiary Proceedings vs. Expert Determination

A dispute relating to the construction of a highway bridge gave the Federal Supreme Court (Bundesgerichtshof) the opportunity to clarify the relationship between the independent evidentiary proceedings (selbständiges Beweisverfahren; Sec. 485 Code of Civil Procedure, ZPO) and an expert determination agreement (Schiedsgutachtervereinbarung). Continue reading