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....

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...

 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

Click here for the chapter on Germany in the 2015-2016 Arbitration Yearbook.