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
Quo Vadis Party-appointed Experts?
The never-ending clash between the Civil Law and Common Law traditions in international arbitration took center-stage once again in 2018, with the introduction of...
Vattenfall-Decision Mitigates Achmea-Effect
A couple of months ago a decision by the European Court of Justice ("ECJ") shocked the arbitration community: The ECJ decided in its (in)famous...
Germany: Do Arbitration Agreements Cover Cartel Damages Claims?
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...
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....