The world is small, so is the arbitration scene. Therefore, it cannot always be prevented that arbitrators and counsel know each other from previous professional encounters. But when can this fact lead to the challenge of an arbitrator? The Higher Regional Court of Frankfurt had to deal with this question[1] – in two respects. Respondent’s counsel had worked in the same law firm as the presiding arbitrator and the arbitrator nominated by Respondent. As to…
The never-ending clash between the Civil Law and Common Law traditions in international arbitration took center-stage once again…
A couple of months ago a decision by the European Court of Justice (“ECJ”) shocked the arbitration community:…
The question whether arbitration agreements cover cartel damages claims is highly disputed. Recently, the Regional Court Dortmund took an arbitration-friendly approach by dismissing an action as inadmissible and referring the dispute to arbitration.[1] The dispute arose between a joint venture of construction companies (“Claimant”) and a rail manufacturer (“Respondent”). In 2003, Claimant and Respondent concluded two contracts under which Respondent was obliged to deliver rails as well as to perform certain construction duties. Additionally, the…
“Creeping Americanization of international arbitration: is it the right time to develop inquisitorial rules of evidence?”[1] A session…
The recent decision of the European Court of Justice (CJEU) in the case between Slovakia vs. Achmea BV…
In a groundbreaking decision of 6 March 2018, the European Court of Justice (CJEU) shook up the arbitration community. The first reaction generally is that the CJEU has virtually stopped investment arbitration proceedings if the underlying Bilateral Investment Treaty (BIT) had been concluded between member states of the European Union. But is that true? To recall: BITs typically stipulate that each contracting country promises to treat investors from the other contracting country in a fair and…
In its decision of May 2017, the Federal Supreme Court of Germany (Bundesgerichtshof) laid down a new principle…
Indemnification clauses are common in share purchase agreements (“SPA”). Post M&A disputes frequently concern alleged breaches of such…
In a decision of November 2016, the Higher Regional Court of Munich (Oberlandesgericht München; hereinafter the “Court”), clarified some general principles underlying a challenge of an arbitrator for lack of impartiality (Decision of 17 November 2016, 34 SchH 13/16, BeckRS 2016, 20169). The decision is part of a somewhat curious series of decisions by the Court in the same matter. The Facts In 2001, Claimant and Respondents had entered into a partnership under the German…