On September 1, 2023, the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters enters into force. In German domestic law, the jurisdiction for the enforcement of foreign judgments is newly defined – as
Federal Supreme Court: Jurisdictional Issues in the “Lost Art” Database Case
By Peter Bert
The judgment of the Federal Supreme Court (Bundesgerichtshof) in the “Lost Art” database case so far has attracted attention primarily because of its significance for art and restitution law. However, it has something to offer not only in terms of…
Art Law: Lewenstein Heirs v. Bayerische Landesbank – Recommendation of the Advisory Commission
By Peter Bert
In the case of the heirs of Hedwig Lewenstein Weyermann and Irma Lewenstein Klein v. Bayerische Landesbank, the Advisory Commission’s decision recommending the restitution of Wassily Kandinsky’s painting Das bunte Leben (The Colourful Life) was published on 13 June 2023.…
Berlin Administrative Court Allows Freedom of Information Act Access in Support of Arbitral Proceedings
By Peter Bert
The Berlin Administrative Court (Verwaltungsgericht) ruled in favor of information access under the German Freedom of Information Act (Informationsfreiheitsgesetz, IFG) in a case related to the German passenger car toll system (Pkw-Maut). The case revolved around claims from plaintiffs –…
Finding a Place for Contra Proferentem in Arbitration
(This guest post is co-authored by Rahul Kumar and Aditya Singh. Rahul is an advocate at Sarvada and Aditya is a third-year law student at RML-NLU. This post was edited by Devansh Pandit) The doctrine of Verba Chartarum Fortius Accipiuntur…
ChatGPT is Not Your Lawyer
ChatGPT is all the rage these days. Ask it a question and it gives you an answer. But use it at your own risk, as some New York attorneys recently discovered.
If you are unfamiliar, ChatGPT is an artificial intelligence…
Get Your Mediated Agreement in Writing and Signed! (Or it didn’t happen)
In 2013, the NJ Supreme Court ruled in Willingboro Mall, LTD. v. 240/242 Franklin Avenue, L.L.C. that in order for an agreement coming out of mediation to be enforceable by the courts, it must be in writing and signed…
Law to Fight Child Marriages Incompatible with the Basic Law
By Peter Bert
This is a post for conflicts of laws nerds and lovers of legal policy – a lesson in symbolic politics and disregard for private international law expertise. And it takes me back to my days as a student assistant to…
The German “Commercial Courts” Dilemma
By Peter Bert
In an M&A contract, the parties consider agreeing on the jurisdiction of the German courts. The corporate guys get in touch: “Isn’t there this M&A chamber at the Frankfurt District Court, where they conduct proceedings in English…?” Well: There is…
ONGC v. Afcons: A Call for Revision of Arbitrators’ Fees
[This guest post is authored by Rahul Kumar, Advocate, Sarvada Legal; Aditya Singh, 3rd year student at Dr. Ram Manohar Lohiya National Law University, Lucknow; and Devashish Jain, 3rd year student at Hidayatullah National Law University, Raipur. The authors can…