Anyone summoned by a state court to be heard as a witness is in principle obliged to appear and testify (Section 380, 395 et seq. Code of Civil Procedure ZPO) and the courts can enforce that obligation. Things are different, however, in arbitration: There is no duty to appear before an arbitral tribunal. Continue reading
This month, we had three cases of the week: First, we looked at German Brexit-related cases. The second case dealt with the pitfalls that translations can create under the EU Service Regulation and finally, we reported on the U-turn of the Munich Court of Appeals on the right time for the judicial review of arbitrator appointments. And here’s a recap of other recent developments: Continue reading
In a judgment last week, the Federal Supreme Court (Bundesgerichtshof) has found a US party liable for damages for bringing an action against its German contractual counterparty in the US in violation of an agreement on the jurisdiction of the German courts. With this judgment, the Federal Supreme Court decided an issue that so far had been controversially debated in the German legal literature. Until this decision, it was not clear whether the violation of a choice of court agreement does not only have a procedural effect, but does also render the violating party liable for monetary damages. (Disclosure: This post is based on the Federal Supreme Court’s press release only, as the full judgment is not yet available. I will provide an update when the judgment comes out.) Continue reading
I have written here before about Germany’s most exclusive bar, the fourty or so lawyers admitted to the Federal Supreme Court (Bundesgerichtshof) in civil matters. Every now and then, attempts are being made to reform this part of the German legal system. Mainly, these attempts take the form of challenges in the courts against the way the members of the bar are selected and appointed – thus far, these challenges failed. The current system has been upheld time and again by the Federal Supreme Court and the Federal Constitutional Court (Bundesverfassungsgericht).
When the presidents of the German bar associations (Rechtsanwaltskammern), the self-governing bodies of the German legal profession, met earlier this month, two reform proposals for the Supreme Court bar were on their agenda. A very bold proposal suggested to abolish the exclusivity altogether and to open up representation at the highest court in civil matters to every lawyer. The second one was less revolutionary; it proposed to grant admission to those who qualified in a procedure similar to that for lawyers seeking to qualify as certified specialists (Fachanwalt) for certain areas of the law.