IBA Litigation Committee: Impact of COVID-19 on Court Operations and Litigation Practice

IBA LOGOThe 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

Conclusion of the Hague Service Convention: Exclusive Competence of the EU?

hcch logoLast month, we reported in Pietro Franzina’s guest post that the Council of the European Union was expected to authorise Austria to sign and ratify, and Malta to accede to, the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, “in the interest of the Union”. From a German or European perspective, this will have no practical effect, as European parties would not need to rely on the Hague Service Convention in any proceedings involving Austrian or Maltese parties, given the European Union’s Service Regulation. The decision, however, raises a wider issue, namely of the scope of the exclusive external competence of the European Union in such matters.  Continue reading

Hague Service Convention: Austria and Malta to Join

hcch logoThe Council of the European Union is expected to adopt a decision authorising Austria to sign and ratify, and Malta to accede to, the Hague Convention of November 15, 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Continue reading