The 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
The 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.
The situation with respect to remote courts in Germany is ambivalent. On the one hand, the law is advanced, on the other hand, both IT infrastructure and the attitute of judges and lawyers have only now started to catch up. Continue reading
Like every other area of public life, the Corona crisis has hit the German courts with full force and did not leave it unscathed. But the reactions vary: They range from judges and courts still holding ordinary sessions and carrying on with oral hearings to courts being virtually closed except for on-call judges for very urgent matters, with standard civil and commercial matters being postponed ex offico. Three aspects of the current situation are of particular interest: Continue reading