Today’s guest post is by Pietro Franzina, associate professor of international law at the University of Ferrara. Professor Franzina discusses the proposal of the EU Commission, recently adopted, that the EU should become a party of the Hague Convention on Choice of Court Agreements, and looks at the interplay between this convention and the Brussels regulations. Read More
Category: Guest Post
Art Law: Proposed “Lex Gurlitt” May Harm Owners of Lost Art
Yesterday, we had a closer look at the Bavarian initiative in the Gurlitt case designed to address the statute of limitation issue. Today’s guest post by Professor Lorenz Kähler, University of Bremen, reviews this legislative proposal. His assessment is rather sobering: The new provision of the Civil Code (BGB), if adopted, may not help heirs pursuing restitution claims, or even be more burdensome than the current law. But read for yourself: Read More
Update: Art Law: Litigation is Coming Closer in Gurlitt Case
At the end of November 2013, we had a guest post from Professor Matthias Weller, in which he shared his views on the Gurlitt matter as a follow-up to the the panel discussion at the VII. Heidelberg Art Law Conference. Matthias Weller has explored the topic in more detail in an article just published in the most recent issue of Kunst und Recht: Art Law on the Text Bench: The “Schwabing Art Find” at the Interface of Criminal Prosecution and Property Law (Kunstrecht auf dem Prüfstand: Der “Schwabinger Kunstfund” an der Schnittstelle von Strafverfolgung und Sachenrecht), KUR 2013, 183.
U.S. Discovery in Aid of German Proceedings: Kreke Immobilien, Sal. Oppenheim and Deutsche Bank
Today’s guest post is a slightly amended version of a post published at Letters Blogatory last week. Ted Folkmann discusses In re application of Kreke Immobilien, a case from the U.S. District Court for the Southern District of New York. A German party was seeking discovery under Sec. 1782 U.S.C. in support of German proceedings. Sec. 1782 has become an increasingly popular tool (see here for an earlier post on the topic) for German litigants to overcome the inherent limitations of German civil procedure to obtain documents from the opponent, or from third parties. But let’s now hear from Ted: Read More