The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (Judgments Convention) had been open for signature since 2019. Now that it has been ratified by two contracting parties, it will enter into force in one year’ time. Continue reading
Category Archives: Recognition and Enforcement of Judgments
The Hague Judgments Convention – A Game Changer? Conference, Milan, 23 April 2020
On 23 April 2020, the Catholic University of Milan will host a conference on the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, or Hague Judgments Convention for short. The Convention was adopted on 2 July 2019 by the delegates of the 22nd Diplomatic Session of the Hague Conference on Private International Law (HCCH). Continue reading
Case of the Week: Litigating in the Shadow of Brexit
This week, yet another Brexit deadline expired without additional clarity as to when and on what terms Brexit will occur. This creates uncertainties, which affect business relations with British parties, and impact, amongst many other fields, civil litigation. So in this week’s Case of the Week, we present the three cases I know of in which German courts had to decide on Brexit-related issues. The cases deal with security for costs, the validity of choice of court agreements and with freezing orders in a Brexit context. Continue reading
Cologne Court of Appeals: Jurisdiction for Arbitration Matters in North Rhine-Westphalia
Federal states (Bundesländer) with more than one court of appeals (Oberlandesgericht) have the option to assign jurisdiction in arbitral matters to one of these courts pursuant to Section 1062 para. 5 German Code of Civil Procedure (ZPO). The idea is to increase the level of expertise and specialization of the judges. Continue reading