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...

The German Federal Constitutional Court confirms CETA

In its last week’s decision, the German Federal Constitutional Court gave green light for the Comprehensive Economic and Trade Agreement ('CETA') between the European...

England and Wales: The powers and limitations of the court in arbitration

The court's power to make appointments to an arbitral tribunal and the limitations it faces under the Arbitration Act 1996 were recently considered in...

Baker McKenzie’s Arbitration Yearbook 2015-2016 Edition

Click here for the chapter on Germany in the Arbitration Yearbook.