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The aptly named Lucy Greenwood is promoting the idea of a Pledge for Greener Arbitrations. Excellent idea – here it is: At all times during the arbitration I will consider and question the need to fly; At all times during the arbitration I will only correspond through electronic means unless hard copy correspondence is expressly required in the circumstances; As an arbitrator, I will not request hard copies of documents to be provided to…
The Future is Female In 2017, for the first time, a majority (52%) of lawyers newly admitted to the German bar were women, data published at the Anwaltstag showed. One could see this coming for quite a while, as female law students have outnumbered men for quite a while. Overall, 34% of lawyers are women, and their share has been constantly rising for years. Lawyers Stick to Their Robes The rule-setting body (Satzungsversammlung) of…
In my opinion, obtaining a freezing order (Arrest) against the debtor pending final judgment tends to be rather difficult in this jurisdiction. It is somewhat easier if the debtor is situated abroad: Section 917 para. 2 German Code of Civil Procedure (ZPO) stipulates that it is sufficient grounds for a freezing order to be issued if the judgment would have to be enforced abroad and there is no reciprocity with the foreign jurisdiction (Arrestgrund der Auslandsvollstreckung).…
I have written here before about Germany’s most exclusive bar, the fourty or so lawyers admitted to the Federal Supreme Court (Bundesgerichtshof) in civil matters. Every now and then, attempts are being made to reform this part of the German legal system. Mainly, these attempts take the form of challenges in the courts against the way the members of the bar are selected and appointed – thus far, these challenges failed. The current system has…
Professor Matthias Weller, University of Bonn,  (who has contributed to this blog in the past) hat issued the following press release about an exiting new project, which I would like to share with you: “In April 2019, research began at the University of Bonn on international practice in the restitution of artworks stolen under the Nazi regime. Head of the research project is Prof. Dr. Matthias Weller, who holds the “Alfried Krupp von…
Goethe University’s law school continues its tradition of running a Summer Programme on German and International Arbitration. It is for those wanting to learn more about commercial arbitration: “This Goethe University Curriculum provides you with a comprehensive introduction to the theory and practice of German and international commercial arbitration. Some of the most eminent arbitration specialists from major international law firms offer their knowledge and experience in a lecture series conducted in both German and English. Offered…
On the occasion of Nelson Mandel’s 100th birtday, I am re-posting this, first published on the blog in 2013, following Mandela’s death: Abdullah Ibrahim’s song ‘Mannenberg is Where It’s Happening‘, released in 1974, is often called South Africa’s “unofficial national anthem” and “the theme tune of the anti-apartheid movement”. ‘Mannenberg’ was an instant hit. However, “the idea that ‘Mannenberg’ the best-seller would someday metamorphose into ‘Mannenberg’ the struggle anthem would have surprised…
A little under a year ago, we reported that the Federal Constitutional Court (Bundesverfassungsgericht) had issued an injunction that stopped the Munich Public Prosecution Office (Staatsanwaltschaft München) to look into and use the documents it seized at the Munich offices of law firm Jones Day. A quick recap of the facts: Jones Day has acted as counsel to Volkswagen in the diesel emissions matter since September 2015. It carried out an internal investigation, interviewing more than…
In November 2013, the Gurlitt saga propelled the complex historical and legal issues around looted art into the spotlight. It created, perhaps for the first time, an awareness for the importance of provenance research within the wider public. However, with Cornelius Gurlitt entering into an agreement with the Federal Republic of Germany and the State of Bavaria in April 2014 and his death shortly thereafter, on 6 May 2014,  the matter has disappeared from the…
JAMS are organising an afternoon seminar on ADR in the context of emerging technologies, to be held in London on 12 July 2018 (click here for more details). I will be speaking on a panel that discusses emergency relief in arbitration with a focus on intellectual property. This will provide an opportunity to look at the ICC Emergency Arbitrator Provisions introduced in 2012, and at the new DIS Rules, that came into force in March 2018, and under…