These days, a court decision related to Russia is likely to attract special attention. Therefore, it is worth pointing out at the outset that this matter is unrelated to Russia’s war against Ukraine. The Koblenz Court of Appeals (Oberlandesgericht) happened to hand down its decision in March 2022, but the matter dates back to 2019. Continue reading
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
Economic sanctions are a hot topic, in particular, but by no means only in relation to Russia. Rechtsstandort Hamburg, an initiative promoting Hamburg as an international legal venue, is takling the issues that arise at the intersection of sanctions, contracts and arbitration at an event on April 14, 2016. My Hamburg partner Christoph Stumpf will be one of the speakers. Klick here for further information.
This decision published by the Federal Supreme Court (Bundesgerichtshof) a couple of days ago on its website appears to be the latest instalment in the on-going saga of Franz Sedelmayer’s quest to enforce an investment treaty award against Russia. Of course, the Federal Supreme Court sticks to Germany’s practise of anonymous court reporting. The facts reported in the decision are so unique, however, that it cannot be anything else but the Sedelmayer case.
Franz Sedelmayer was awared damages under the German-Russian Investment treaty in an arbitration seated in Stockholm in 1998, and has spent more than 15 years enforceing it. The details have been reported extensively, see for example, this piece in the New York Times. Continue reading