The Month in Retrospect: What Else Happened in July 2021

Hague Evidence Convention In Force For Georgia, Mongolia Joins HCCH

On 31 May 2021, Georgia deposited its instrument of accession to the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters and on 30 July 2021, the Convetion came into force. This takes the total number of contracting parties to the Evidence Convention to 64.

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News from Brussels on Lugano and The Hague

In July, the European Commission moved forward on some pending matters regarding international civil procedure. These concerned, on the one hand, the past in the form of the United Kingdom’s application to accede to the Lugano Convention post-Brexit, which was still formally to be resolved, and, on the other hand, the future, namely the European Union’s accession to the 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Judgments Convention). Continue reading

Updating Civil Procedure: Ideas for Reforms

Germany elects a new federal parliament (Bundestag) on 26th September 2021. Christine Lambrecht, the federal minister of justice is not running again. So irrespective of the outcome of the election, we will see a new face at the helm of the ministry. There is no shortage of ideas for the incoming minister to choose from if he or she goes about reforming civil procedure. Proposals range from the introduction of international commercial courts to dozens of proposals around the digitisation of civil procedure. Continue reading

Federal Supreme Court: Jurisdiction Based on Virtual Branch Office in Germany

If international contracts are concluded online, they sometimes lack an unambiguous nexus to a specific jurisdiction. Sometimes, this makes it difficult to determinate the competent court. In a recent case involving a German customer, Air France and flights from the United States to France and then on to the UK, the lower German courts found that they had no jurisdiction. It was for the Federal Supreme Court (Bundesgerichtshof) to provide clarity: It found that the Frankfurt District Court (Landgericht) had jurisdiction after all. Continue reading