Frankfurt Court of Appeals on Conciliation Requirement Before Starting Litigation – Suhrkamp

This court decision is part of an on-going litigation battle between the shareholders of Suhrkamp Verlag, one of Germany’s best known publishing houses, with authors such as Hermann Hesse,  Samuel Beckett, Octavio Paz, James Joyce, Peter Handke, Jürgen Habermas or Uwe Johnson to its name, to name just a random few.

Continue reading

Dispute Resolution Germany in 2013 – Top Ten Posts

With the year end in sight, I looked back at what posts you read most in 2013. The three main categories that Dispute Resolution Germany covers – arbitration, litigation and mediation – are all represented. Investment arbitration emerges as THE hot topic, with four entries in the top ten. Arbitration in total accounts for seven posts. Here are the top ten posts:  Continue reading

German Federal Supreme Court: Procedural Order in Slovakia v. Eureko

Investment arbitration under investment treaties between EU member states is a hot topic, in particular given the EU Commission’s strong views on the subject: The Commission has intervened in arbitrations in support of the position that the arbitral tribunal lacked jurisdiction to hear the dispute. One such matter was Eureko v. Slovakia, apparently the first case where this issue was brought before a state court, when Slovakia challenged an interim award confirming the jurisdiction of the tribunal in the Frankfurt Court of Appeals (Oberlandesgericht). The Frankfurt court in May 2012 upheld the award (see here and here for comments). The matter proceeded to the German Federal Supreme Court (Bundesgerichtshof) for judicial review (Rechtsbeschwerde). The Federal Supreme court published its order (Beschluss) dated September 19, 2013 on its website earlier this week.

Continue reading

Pre-Trial Discovery under the Hague Evidence Convention: Is Germany’s Position Softening?

A recent Frankfurt case raises this issue: Germany has declared  ”that it will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in Common Law countries”, in accordance with Art. 23 of the Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters. This notwithstanding, the President of the Frankfurt Court of Appeals (Präsident des Oberlandesgerichts), accepted a request for pre-trial discovery of documents from California.

Continue reading