Offsetting counterclaims against an arbitral award in the enforcement stage – a promising defense?

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In a recent decision, the Higher Regional Court of Frankfurt defined the requirements and limits in which the losing party in an arbitration can...

How long do parties need to wait for an arbitral award in Germany?

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Parties often chose arbitration over state court litigation because arbitral proceedings are more flexible and more efficient. Parties are typically not in the business...

Higher Regional Court Frankfurt holds that Achmea-decision is transferable to arbitration clauses in other...

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In its Achmea-decision, the ECJ decided that EU member states must not settle their disputes in arbitration proceedings agreed upon in bilateral intra-EU investment...

Psychology in Arbitration: How shrinks can help you win the case!

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What ultimately matters is to win your case, isn't it? To that end, you need to convince the arbitral tribunal. Lawyers trust in the...

German Federal Court of Justice applies CISG to validity of the arbitration agreement

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The arbitration agreement is a separate agreement from the substantive agreement (= doctrine of separability). As a result, the arbitration agreement can be governed...

Baker McKenzie International Arbitration Yearbook 2020-2021 – 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...

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...

 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.