Federal Supreme Court on Court Assistance to Arbitral Tribunals in Taking of Evidence

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Anyone summoned by a state court to be heard as a witness is in principle obliged to appear and testify (Section 380, 395 et seq. Code of Civil Procedure ZPO) and the courts can enforce that obligation. Things are different, however, in arbitration: There is no duty to appear before an arbitral tribunal. Continue reading

IBA Litigation Committee: Impact of COVID-19 on Court Operations and Litigation Practice

IBA LOGOThe IBA Litigation Committe has produced a survey looking at the impact of COVID-19 on court operations and litigation practice across 37 different jurisdictions – from Argenina to the United States. Jeff Galway and Urs Hoffmann-Nowotny served as general editors and I had the honour of contributing the chapter on Germany. The plan is to update the survey as matters develop in the various jurisdictions. Here’s the link to the IBA Litigation Committe homepage and here is a link to the report in its current form. Continue reading

IBA Webinar: A Commercial Litigator’s Guide to Force Majeure in the Age of Covid-19, 11 June 2020

IBA LOGOThe IBA Litigation Committe, rather than meeting in person in Buenos Aires for our annual litigation forum earlier this month, like so many othes had to resort to Zoom meetings. Following from that there will be, on 11 June 2020, the Committe’s first ever webinar. Here’s from the organizers:

“Because of the unprecedented business disruption caused by the Covid-19 pandemic, companies throughout the globe are seeking to modify or evade their commercial obligations. Force majeure is one legal tool that many businesses are asserting in an effort to accomplish these objectives.”

“So are frustration of purpose, impossibility of performance, material adverse change or effect, and factum principis. In addition, some governments have enacted legislation to help businesses evade or modify their commercial obligations. In this interactive webinar a panel of legal experts from multiple jurisdictions will discuss whether and to what extent these tools can be effectively employed in the international commercial litigation arena.”

For further details, including how to register, please click here.