The Frankfurt Court of Appeals (Oberlandesgericht) is creating additional specialized senates (a Senat is a division of the court of appeals, sitting with three judges) as of the beginning of this year.
In 2013, a decision by the President of the Court of Appeals (Oberlandesgericht) Frankfurt led me to speculate whether Germany’s position on the pre-trial discovery of docments under the Hague Evidence Convention is softening. In April 2014, the Federal Ministry of Justice came forward with a proposal to modify Germany’s position on discovery of documents and to allow it in certain circumstances. In this post, I try to summarize the various responses to this initiative. Continue reading
At its session in Tokyo on October 23, 2014, the IBA Council has approved the new version of the IBA Guidelines on Conflicts of Interest in International Arbitration. This version updates and clarifies the original IBA Guidelines, which were approved by the IBA Council on May 22, 2004. According to the IBA, “the Guidelines on Conflicts of Interest represent the most comprehensive work to date defining the framework by which the impartiality of arbitration in the international arena can be most effectively assured.” Continue reading
You read it here first – Germany’s position on the discovery of documents may be softening. My first post on the topic was triggered by a May 2013 decision of the Frankfurt Court of Appeals, setting aside a surprising decision by the Central Authority for the State of Hesse. It came with a question mark: Is Germany’s position softening? But now, the Federal Ministry of Justice (Bundesjustizministerium) is reconsidering Germany’s position.