In a recent decision, the Federal Supreme Court (Bundesgerichtshof) held that German courts have jurisdiction to fully review arbitral awards applying competition law, if such an award is before them in enforcement or setting aside proceedings. The prohibition of a révision au fond, that is, a substantive review of the arbitral award by the ordinary courts, which is part of both the German domestic arbitration law and the New York Convention, does not apply in that context. Hence, lengthy and complex arbitral proceedings could end up being just “first instance proceedings” on their way to the ordinary courts if they relate to competition law matters. Continue reading
Last year, I looked at “best of” lists from the English-speaking world and complied a survey comprising the New York Times, The Guardian, JazzWise, Pitchfork and Slate. This year, I took a slightly different approach and combined the Anglo-Saxon view provided by the New York Times and The Guardian with two German sources, Süddeutsche Zeitung and Bayerischer Rundfunk (Bavarian Public Radio).
As a result, the survey contains more (continental) European artists. But like last year, there is very little overlap and the compilation is pretty diverse. Continue reading
Human Rights Day is observed every year on 10 December — the day the United Nations General Assembly adopted, in 1948, the Universal Declaration of Human Rights. It proclaims the inalienable rights that everyone is entitled to as a human being – regardless of race, colour, religion, sex, language, political or other opinion, national or social origin, property, birth or other status. Available in more than 500 languages, it is the most translated document in the world. This year on Human Rights Day, the United Nations kick off a year-long campaign to promote and recognise the 75th anniversary of the Universal Declaration of Human Rights on 10 December 2023. Continue reading
On this day one hundred years ago, on 7 December 1922, Maria Otto (* 6 August 1892; † 20 December 1977) was admitted to the German bar (Rechtsanwaltschaft). She had obtained her law degree at Würzburg University already in 1916. However, she was not admitted to the practical legal training leading to the Second State Exam that was (and today still is) required to either qualify as a judge or to be admitted to the bar. In 1920, Maria Otto obtained a doctorate in law – the title of her thesis strikes me as rather modern: International Legal Protection Against Unfair Competition (Der internationale Rechtsschutz gegen unlauteren Wettbewerb). Continue reading
Last week, the Federal Ministry of Justice published a draft bill which aims at making video hearings standard practice. The scope of Section 128a Code of Civil Procedure (ZPO) will be expanded; the provision will supplemented by a new Section 284 para. 2 ZPO dealing with the taking of evidence by video. Continue reading