Spain and Germany as Seat of Arbitration: Virtual Event, 4 May 2021

On 4 May 2021, the Madrid International Arbitration Center and the German Arbitration Institute (DIS) are co-hosting a virtual event on Span and Germany as the seat of arbitration. Here’s from MIAC’s president, José Antonio Caínzos:

“The event will focus on the jurisdictions of Spain and Germany, their relationship with international arbitration, as well as their characteristics when being seats of arbitration. The event will start with an introduction by Dr. Herbert Kronke (Chairman of the DIS Board of Directors) following with my presentation of MIAC, as President. Continue reading

Frankfurt Court of Appeals: Award Can be Based on Tribunal’s Own Internet Research

In a decision published on 26 March 2021, the Frankfurt Court of Appeals (Oberlandesgericht) held that in arbitral proceedings, the arbitral tribunal is entitled to base its award on the results of its own internet research. On that basis, the Frankfurt Court of Appeals declared an arbitral award between two pharmaceutical companies for approx. EUR 140 million enforceable. Continue reading

Hamburg International Arbitration Days, 22 – 24 March 2021

From 22 to 24 March 2021, the 5th Hamburg International Arbitration Days will take place online – Hamburg has never been closer: wherever you are, it is only a click away! The main event on 23 March 2021 is organised by the Center for International Dispute Resolution at Bucerius Law School and will focus on selected issues of multi-party arbitrations. Continue reading

Intra-EU Investment Arbitration: Frankfurt Court of Appeals Finds BIT-Based Arbitration Inadmissible

An Austrian and a Croatian bank commenced arbitral proceedings against the Republic of Croatia seeking damages on the basis of the 1999 Agreement between the Republic of Austria and the Republic of Croatia for the Promotion and Protection on Investments (BIT); the arbitral tribunal was to be seated in Frankfurt am Main. Croatia applied to the Frankfurt Court of Appeals (Oberlandesgericht) to find that the arbitral proceedings were inadmissible (Sec. 1032 para. 2 German Code of Civil Procedure, ZPO). Croatia relied on the 2018 Achmea decision of the European Court of Justice (ECJ) – the well-known case which also originated in the Frankfurt Court of Appeals and came to the ECJ via a reference from the German Federal Supreme Court (Bundesgerichtshof). Continue reading