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…
“Justice may be delayed, but it is never denied.” This saying perfectly encapsulates the essence of a recent…
The Bavarian Highest Regional Court (“BayObLG”) recently reaffirmed the stringent standards German courts apply when evaluating allegations of…
The Highest Regional Court of Bavaria (“BayObLG”) has recently strengthened Germany’s position as a recognition-friendly jurisdiction in international arbitration. In its decision, the court confirmed the declaration of enforceability of two related foreign arbitral awards despite allegations of a violation of the right to be heard due to severe illness and poverty. This decision is in line with the German courts’ general position to only decline enforceability in exceptional cases. Thereby, Germany provides foreign parties…
This case offers a striking illustration of the limits imposed on annulment judges reviewing international arbitral awards seated…
The Higher Regional Court of Frankfurt (OLG) recently ruled that an arbitration clause in a framework supply agreement…
In 2018, the European Court of Justice (ECJ) shocked the arbitration world: In its Achmea-decision, it invalidated arbitration agreements in bilateral investment treaties (BIT) entered into between EU member states. The rationale of the decision: Arbitral tribunals could not sufficiently ensure that European Law was applied in compliance with ruling of the ECJ. Accordingly, member states of the EU were not permitted to effectively opt-out of the last-instance jurisdiction of the ECJ by agreeing on…
This second amendment to the chronology of the jurisdictional battle between Russia and the European Union[1] is not about…
On 7 August 2024, the Swiss Federal Supreme Court (“SFSC”) deliberated on the courts interpretation of an award by…
Introduction On 30 December 2024, the London Court of International Arbitration (“LCIA”) published its third costs and duration analysis (the “2024 Report”), covering all cases which reached a final award between 1 January 2017 and 12 May 2024. This builds on its previous report, Facts and Figures – Costs and Duration: 2013-2016, published in October 2017 (the “2017 Report” and together with the 2024 Report the “Reports”). The 2024 Report covers a longer time period…