EC Commission Tackles Abusive Lawsuits Against Journalists: Procedural Law Impact

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On 27 April 2022, the European Commission presented its proposals “to improve the protection of journalists and human rights defenders from abusive litigation.” These proposals are intended to prevent so-called “strategic lawsuits against public participation” or “SLAPP lawsuits”. Continue reading

Attending German Court Hearings from Abroad By Videolink

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It is a contested issue whether it is admissible for parties to attend German court hearings by videolink whilst being abroad. Many, if not the majority of legal commentators argue that this is not admissible without prior approval from the foreign state concerned, because the German court thereby exercises Germany’s sovereign on foreign soil and thus violates the sovereignty of the foreign state where the parties are located. Continue reading

“The HCCH 2019 Judgments Convention: Cornerstones, Prospects, Outlook” – Conference, Bonn, 9/10 September 2022

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Back in February 2020, one of the last pre-Pandemic posts on this blog was by Matthias Weller. Professor Weller introduced a conference on a topic at the very heart of this blog, namely the Hague Judgments Convention. The conference did of course not go ahead as planned in 2020, because nothing did. Nor did it take place in 2021, but we are all fairly optimistic that everything will work out the third time round. I suggest that you  mark 9 and 10 September 2022 in your diaries. Click here for details. Continue reading

Federal Supreme Court on Independent Evidentiary Proceedings vs. Expert Determination

A dispute relating to the construction of a highway bridge gave the Federal Supreme Court (Bundesgerichtshof) the opportunity to clarify the relationship between the independent evidentiary proceedings (selbständiges Beweisverfahren; Sec. 485 Code of Civil Procedure, ZPO) and an expert determination agreement (Schiedsgutachtervereinbarung). Continue reading