by Lena Rindfus, Stefan Horn and Peter Bert In a recent decision, the Federal Supreme Court (Bundesgerichtshof) held that German courts have jurisdiction to fully review arbitral awards applying competition law, if such an award is before them in enforcement
Dispute Resolution in Germany
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The Best Jazz Album 2022 – A Comparative Survey
By Peter Bert
Last year, I looked at “best of” lists from the English-speaking world and complied a survey comprising the New York Times, The Guardian, JazzWise, Pitchfork and Slate. This year, I took a slightly different approach and combined the Anglo-Saxon view…
Today is Human Rights Day: Dignity, Freedom, and Justice for All
By Peter Bert
Human Rights Day is observed every year on 10 December — the day the United Nations General Assembly adopted, in 1948, the Universal Declaration of Human Rights. It proclaims the inalienable rights that everyone is entitled to as a human being…
Centenary of First Woman Admitted to German Bar
By Peter Bert
On this day one hundred years ago, on 7 December 1922, Maria Otto (* 6 August 1892; † 20 December 1977) was admitted to the German bar (Rechtsanwaltschaft). She had obtained her law degree at Würzburg University already in 1916. However, she…
Video Hearings to Become Standard Practice
By Peter Bert
Last week, the Federal Ministry of Justice published a draft bill which aims at making video hearings standard practice. The scope of Section 128a Code of Civil Procedure (ZPO) will be expanded; the provision will supplemented by a new Section…
Security for Costs Post-Brexit: Federal Supreme Court Provides Further Guidance
By Peter Bert
In a recent decision, the Federal Supreme Court (Bundesgerichtshof) had an opportunity to provide further guidance regarding the obligation of UK claimants to provide security for costs in German proceedings.The Federal Supreme Court and the Federal Patent Court (Bundespatentgericht) had…
Wirtschaftswoche: Leading Litigators in Germany 2022
By Peter Bert
Pleased to see that leading German business weekly Wirtschaftswoche has included my firm and myself it its 2022 ranking of top litigation firms and individual practitioners. It feels good to be in the company of such esteemed colleagues – including…
Federal Supreme Court on Independent Evidentiary Proceedings vs. Expert Determination
By Peter Bert
A dispute relating to the construction of a highway bridge gave the Federal Supreme Court (Bundesgerichtshof) the opportunity to clarify the relationship between the independent evidentiary proceedings (selbständiges Beweisverfahren; Sec. 485 Code of Civil Procedure, ZPO) and an expert determination…
Goethe University, Frankfurt: German & International Arbitration Course, Summer Term 2022
By Peter Bert
Goethe University’s Law School has just announced the details for this year’s course in German and International Arbitration. Again, this year’s edition will be completely virtual, so it might be of interest to students outside Frankfurt as well. Here is the…
EU Commission: Proposal on Cross-Border Videoconferencing in Court Hearings
By Peter Bert
When the pandemic started and court hearings by video became a real thing, German lawyers found, sometimes to their surprise, that the law was actually quite advanced: Already back in 2002, Section 128a ZPO was introduced to allow the conduct…