Judicial Cooperation in Civil Matters: Hard Brexit After All?

During the course of the morning, leaked versions of the draft Brexit treaty and accompanying documents started to appear on legal @twitter, only to be followed by the official publications by both the UK government and the EU Commission. I have now had an initial look at what the documents say regarding judicial cooperation in civil matters. Spoiler alert: Radio silence on this topic. Continue reading

Reimbursement of Translation Costs Incurred by Foreign Party in German Proceedings

If a foreign party to court proceedings in Germany requires translations of German language documents produced for and/or exchanged in these proceedings, the costs incurred for translations can quickly become significant. The fundamental rule is that the costs have to be reimbursed by the opponent as costs necessary to conduct the proceedings, if the foreign party succeeds in the litigation. A recent decision of the Court of Appeals (Oberlandesgericht) Frankfurt provides a very useful summary of the case law and dismisses many of the standard objections that losing parties tend to raise. Continue reading

Human Rights Day 2020: IBA Webinars, 10/11 December 2020

On the occasion of this year’s Human Rights Day, the IBA Business and Human Rights Committee and the IBA Human Rights Law Committee have put together a day of virtual events – actually, taking into account time differences across the globe, the three sessions are spread out over two days from a European time zone’s perspective. Session 2 on the impact of human rights on businesses is particularly timely, given the recent legislative initiatives in Germany, the EU and elsewhere – the Swiss will be voting on this coming Sunday on an initiative called “For responsible businesses – protecting human rights and the environment”.The proposed legislation would require Swiss companies to examine whether they can comply with internationally recognised human rights and environmental standards when carrying out their business operations. Swiss companies would be liable for damage caused by companies that they control. However, they will not be held liable if they can prove that they complied with their due diligence obligations. Continue reading

IBA Virtually Together: Managing International Litigation, 4 November 2020

At this year’s International Bar Association‘s virtual annual conference, I have the pleasure of  moderating a session on managing international litigation, with this wonderful panel:

  • Sam Hosseini of Stikeman Elliott in Toronto, providing the perspective of outside counsel,
  • James Menz, Senior Litigation Counsel at Bombardier, sharing his insights from the corporate perspetive
  • and last but not least Brody Warren of the Hague Conference on Private International Law’s Permanent Bureau in The Hague. Inter alia, Brody will shed light on the use of video technology under the Hague Evidence Convention.

Join us on Wednesday, 4 November 2020 at 12:00 AM GMT!