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District Court of Munich confirms arbitrability of patent validity disputes

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The arbitrability of disputes concerning the validity and existence of patents has always been the subject of debate. Traditionally, the prevailing opinion among scholars...

German Supreme Court confirms that Achmea-decision is transferable to arbitration clauses in other BITs

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One year ago, the Higher Regional Court Frankfurt decided that the Achmea-decision by the Court of Justice of the EU (“CJEU“) is transferable to...

Baker McKenzie International Arbitration Yearbook 2021-2022 – Germany

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A. LEGISLATION AND RULES A.1       Legislation In the 2017-2018 edition of this Yearbook, we reported about a working group that had been tasked with a review...

Offsetting counterclaims against an arbitral award in the enforcement stage – a promising defense?

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In a recent decision, the Higher Regional Court of Frankfurt defined the requirements and limits in which the losing party in an arbitration can...

How long do parties need to wait for an arbitral award in Germany?

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Parties often chose arbitration over state court litigation because arbitral proceedings are more flexible and more efficient. Parties are typically not in the business...

Higher Regional Court Frankfurt holds that Achmea-decision is transferable to arbitration clauses in other...

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In its Achmea-decision, the ECJ decided that EU member states must not settle their disputes in arbitration proceedings agreed upon in bilateral intra-EU investment...

Psychology in Arbitration: How shrinks can help you win the case!

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What ultimately matters is to win your case, isn't it? To that end, you need to convince the arbitral tribunal. Lawyers trust in the...

German Federal Court of Justice applies CISG to validity of the arbitration agreement

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The arbitration agreement is a separate agreement from the substantive agreement (= doctrine of separability). As a result, the arbitration agreement can be governed...

Baker McKenzie International Arbitration Yearbook 2020-2021 – Germany

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GERMANY Ragnar Harbst, Heiko Plassmeier, Jürgen Mark A. LEGISLATION AND RULES A.1       Legislation International arbitration in Germany continues to be governed by the provisions of the Tenth Book...

Higher Regional Court Frankfurt Finds Publication of a Dissenting Opinion to be Ground for...

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German law strictly protects the secrecy of the deliberations of a court and therefore does not allow the publication of dissenting opinions of lower...