Civil Justice and Private International Law: EU Commission Issues No-Deal Brexit Gudiance

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On 27 August 2020, the EU Commission published an updated “Notice to Stakeholders on the Withdrawal of the United Kindgom and EU Rules in the Field of Civil Justice and Private International Law”. Continue reading

Towards a German Supply Chain Act? Conflict of Laws and Comparative Law Considerations; Lecture at MPI Hamburg, 1 September 2020

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We have covered human rights litigation here before, in particular the case of the Pakistani textile workers against German textile retail chain Kik decided by the Court of Appeals (Oberlandesgericht) Hamm. So I thought I ought to alert readers to a lecture on a development that may impact the future development of the field in Germany, namely the planned Supply Chain Act (Lieferkettengesetz). Continue reading

The Art of Anonymous Case-Reporting: Who is Dr O?

I have written about the time-honoured German tradition of anonymous case reporting, and some rather absurd results thereof, on several occasions (see here, for example). In a recent order, the Federal Supreme Court (Bundesgerichtshof) has taken that practice to a completely new level of meaninglessness.

The case involved one of Germany’s household food brands – I am not yet giving away which one – and dealt with the information that had to be displayed on the packaging of a popular cereal. As it is customary for disputes of this nature, the judgment included a picture of the product in question.
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Federal Supreme Court on Court Assistance to Arbitral Tribunals in Taking of Evidence

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