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I have written before about Fritz Bauer, the Hessian attorney general (Generalstaatsanwalt) and the public prosecutor behind the first Auschwitz trials in Germany and the Eichman trail in Israel. The late Erardo Rautenberg, attorney general in the state of Brandenburg, had lobbied for an official postal stamp in commemoration of the 50th anniversary of Fritz Bauer’s death in 2018. Last year, the proposal was not implemented and unfortunately, Rautenberg did not live to…
This week, yet another Brexit deadline expired without additional clarity as to when and on what terms Brexit will occur. This creates uncertainties, which affect business relations with British parties, and impact, amongst many other fields, civil litigation. So in this week’s Case of the Week, we present the three cases I know of in which German courts had to deal with Brexit-related issues. The cases deal with security for costs, the validity of choice…
Donata von Enzberg and I have authored the German chapter in the ICLG International Arbitration 2019. The guide covers common issues in international arbitration laws and regulations – including arbitration agreements, governing legislation, choice of law rules, selection of arbitral tribunal, preliminary relief and interim measures – in 52 jurisdictions, We still have some hard copies to give away – if you are interested, let me know and we will ship a copy to…
In a judgment last week, the Federal Supreme Court (Bundesgerichtshof) has found a US party liable for damages for bringing an action against its German contractual counterparty in the US in violation of an agreement on the jurisdiction of the German courts. With this judgment, the Federal Supreme Court decided an issue that so far had been controversially debated in the German legal literature. Until this decision, it was not clear whether the violation…
The Frankfurt Roundtable on Investment Law and Investment Treaty Arbitration is taking place on 12 November 2019 and celebrating its 15th anniversary. As always, the event is organized by Alfred Escher and Jan Schäfer – congratulations! The litigators are discussing the establishment of International Commercial Courts (for example at … Continue reading →
This year, the IBA Litigation Committee Conference on Private International Law  is being held for the third time, following successful events in 2014 and 2016. According to a German saying, if an event takes place for the third time, it qualifies as … Continue reading →
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…