Peter Bert's Blog about Litigation, Arbitration and Mediation in Germany – Art Law, Case Law, News etc.
On September 1, 2023, the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters enters into force. In German domestic law, the jurisdiction for the enforcement of foreign judgments is newly defined – as of today, the dictrict courts (Landgerichte) will have exclusive competence in these matters. Read More
In an M&A contract, the parties consider agreeing on the jurisdiction of the German courts. The corporate guys get in touch: “Isn’t there this M&A chamber at the Frankfurt District Court, where they conduct proceedings in English…?”
Well:
On this day one hundred years ago, on 7 December 1922, Maria Otto (* 6 August 1892; † 20 December 1977) was admitted to the German bar (Rechtsanwaltschaft). She had obtained her law degree at Würzburg University already in 1916. However, she was not admitted to the practical legal training leading to the Second State Exam that was (and today still is) required to either qualify as a judge or to be admitted to the bar. In 1920, Maria Otto obtained a doctorate in law – the title of her thesis strikes me as rather modern: International Legal Protection Against Unfair Competition (Der internationale Rechtsschutz gegen unlauteren Wettbewerb). Read More
Last week, the Federal Ministry of Justice published a draft bill which aims at making video hearings standard practice. The scope of Section 128a Code of Civil Procedure (ZPO) will be expanded; the provision will supplemented by a new Section 284 para. 2 ZPO dealing with the taking of evidence by video. Read More