Updating Civil Procedure: Ideas for Reforms

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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

Post-Brexit UK Accession to Lugano Convention: The EU Commission’s Assessment

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There has been a fair amount of speculation about the EU’s position regarding the application of the United Kingdom to accede to the 2007 Lugano, and we have tracked the topic fairly closely on the blog, including the latest press reports that the EU Commission might have changed its approach. Continue reading

Art Law: Restitution of Looted Art and the Reform of Private Foundation Law

The restitution case of Fe­lix Hil­des­hei­mer’s heirs against the Ha­ge­mann Foundation made news recently: On 18 January 2021, the Advisory Commission (Limbach Commission) issued a press release that for the first time in its history, a recommendation it had made had not been implemented. The Hildesheimer case also highlighted an argument that the law on private foundations might be an impediment to restitution.  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