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
Do I know you, Counsel – Can an arbitrator be challenged if he worked...
The world is small, so is the arbitration scene. Therefore, it cannot always be prevented that arbitrators and counsel know each other from previous...
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...