Foreign may well be applicable in German court proceeding, either because the parties have expressly chosen foreign law or because international private law determines its application.
If German judges apply foreign law, they are no less error-prone than in the application of their own laws. Hence, the question arises how (alleged) mistakes of a lower court in the determination and application of the foreign law are to be treated at the appeal stage. The Federal Supreme Court (Bundesgerichtshof) has provided specific guidance in a recent decision. Continue reading