Higher Regional Court Frankfurt Finds Publication of a Dissenting Opinion to be Ground for...

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German law strictly protects the secrecy of the deliberations of a court and therefore does not allow the publication of dissenting opinions of lower...

MAC Clauses in light of COVID-19

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At the beginning of 2020, it became known that the Polish airline company LOT decided to purchase its German rival which was part of...

Baker McKenzie International Arbitration Yearbook 2019-2020 – Germany

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GERMANY Ragnar Harbst, Heiko Plassmeier, Jürgen Mark A. LEGISLATION AND RULES A.1      Legislation International arbitration in Germany continues to be governed by the provisions of the Tenth Book...

Federal Republic of Germany faces third ever investor-state arbitration: Might changes to renewables regime...

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On 20 September 2019, ICSID registered a request by the Austrian construction company STRABAG SE ("Strabag") for the initiation of an ICSID arbitration proceeding (ICSID Case...

Do I know you, Counsel – Can an arbitrator be challenged if he worked...

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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?

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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

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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?

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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

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"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

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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...

 Baker McKenzie’s Arbitration Yearbook 2018-2019 Edition  

Click here for the chapter on Germany in the 2018-2019 Arbitration Yearbook.

 

Baker McKenzie’s Arbitration Yearbook 2017-2018 Edition

Click here for the chapter on Germany in the 2017-2018 Arbitration Yearbook.