The Prague Rules – Inquisitorial Rules on the Taking of Evidence in International Arbitration

"Creeping Americanization of international arbitration: is it the right time to develop inquisitorial rules of evidence?" A session of the fourth Russian Arbitration Association...

The Aftermath of Achmea: Germany Requests Dismissal of Vattenfall Case After CJEU’s Achmea Decision

The recent decision of the European Court of Justice (CJEU) in the case between Slovakia vs. Achmea BV (Case C-284/16) seems to have caused...

European Court of Justice Stops Investment Arbitration in Intra-EU Disputes

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...

Germany: Federal Court of Justice Lowers the Bar for the Annulment of an Award...

In its decision of May 2017, the Federal Supreme Court of Germany (Bundesgerichtshof) laid down a new principle for setting aside an arbitral award...

Post M&A Disputes: Breach of Indemnification Clauses in M&A Contract

Indemnification clauses are common in share purchase agreements ("SPA"). Post M&A disputes frequently concern alleged breaches of such clauses. These disputes raise difficult questions...

Germany: Higher Regional Court of Munich Reins in Claimant Over Repeated Challenges for Lack...

In a decision of November 2016, the Higher Regional Court of Munich (Oberlandesgericht München; hereinafter the “Court”), clarified some general principles underlying a challenge...

Germany: Calculation of Damages For a Breach of a Financial Statements Warranty

In many transactions, the target company's financial statements either play an important or even a crucial role for the determination of the purchase price....

The ICC Expedited Procedure – New Demands for the Drafting of ICC Arbitration Agreements...

On March 1, 2017, the new Arbitration Rules of the International Chamber of Commerce (“ICC-Rules”) come into force. In Art. 30 and Annex VI,...

Reform Trends in German Arbitration – Towards further International Harmonization or Return to German...

Recently, both the German legislator and the German Institution of Arbitration tasked working groups with a reform of the German arbitration law and the...

Investor State Arbitration under CETA: Key Provisions and What to Watch for in 2017

The Comprehensive Economic and Trade Agreement ('CETA') between the European Union and Canada was signed October 30, 2016. The deepening of Canadian and European...

 Baker McKenzie’s Arbitration Yearbook 10th Anniversary Edition 2016-2017 

Click here for the chapter on Germany in the 2016-2017 Arbitration Yearbook.

 

Baker McKenzie’s Arbitration Yearbook 2015-2016 Edition

Click here for the chapter on Germany in the 2015-2016 Arbitration Yearbook.