Federal Supreme Court: Unrestricted Review of Arbitral Awards in Antitrust Matters

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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

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

Goethe University, Frankfurt: German & International Arbitration Course, Summer Term 2022

Goethe University’s Law School has just announced the details for this year’s course in German and International Arbitration. Again, this year’s edition will be completely virtual, so it might be of interest to students outside Frankfurt as well. Here is the official course announcement:

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

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