Introduction While the arbitrability of patent validity disputes has long been established in many jurisdictions, the issue remains a subject of controversy in others, particularly in Germany. This debate arises from the fact that patents are intellectual property rights granted by a sovereign state, the validity of which is traditionally determined by state courts. Recently, the German Federal Court of Justice (Bundesgerichtshof) had another opportunity to take a definitive stance on this matter.[1] However, the…

The applicant sought recognition and enforcement of a Swedish award in Germany. In the arbitral proceedings, the respondent had only challenged whether the substantive contract, which allegedly contained the arbitration agreement, had been concluded. However, he had not raised objections to the arbitral tribunal’s jurisdiction. Can the respondent, at the enforcement stage, successfully invoke that there was no valid arbitration agreement? The Higher Regional Court of Stuttgart (“OLG Stuttgart”), rejected this in the decision dated…

Introduction The Highest Regional Court of Bavaria (“BayObLG”) has recently issued several decisions underscoring the court’s supportive stance toward recognition and enforcement of arbitral awards. Three of them have already been reported in Global Arbitration News (Reports of May 9, May16, and May 21, 2025). In another ruling of 15 January 2025 (Case No. 102 Sch 250/23e), the BayObLG reaffirmed the high threshold required to deny recognition and enforcement of an arbitral award. It granted…