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
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...
Post-M&A Arbitration: Warranty & Indemnity Insurance Changes the Scene
Post-M&A arbitration has long followed an established pattern: In the course of the transaction the buyer assesses the characteristics of the target company by...
Post-M&A Disputes Resulting From Earnout Clauses
“An earnout often converts today’s disagreement over price into tomorrow’s litigation over the outcome.” Airborne Health, Inc. v. Squid Soap, LP, 984 A.2d 126,...
ICC publishes arbitrator’s details – A new level of transparency
At the beginning of the year, the ICC announced that as of this year it will publish the ICC- and party-appointed arbitrators' names and...