Last week, the European Court of Justice held that choice of court agreements fall within the scope of Article 25(1) Brussels I Regulation if parties to a contract domiciled in the same Member State agree on the jurisdiction of the … Continue reading →
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The Best Jazz Album 2023 – A Comparative Survey
This is the third annual survey of this kind. This year, I have adopted the same basic approach as in the 2022 survey: The table below combines the Anglo-Saxon view of the jazz world, represented by the New York Times … Continue reading →
Human Rights Day: Freedom, Equality and Justice for All
Today marks the 75th anniversary of the Universal Declaration of Human Rights. The Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 and sets out, for the first time, fundamental human rights to be universally … Continue reading →
International Civil Procedure: News as of 1 September 2023
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 … Continue reading →
Federal Supreme Court: Jurisdictional Issues in the “Lost Art” Database Case
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 … Continue reading →
Art Law: Lewenstein Heirs v. Bayerische Landesbank – Recommendation of the Advisory Commission
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. … Continue reading →
Berlin Administrative Court Allows Freedom of Information Act Access in Support of Arbitral Proceedings
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 – … Continue reading →
Law to Fight Child Marriages Incompatible with the Basic Law
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 … Continue reading →
The German “Commercial Courts” Dilemma
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 … Continue reading →
Federal Supreme Court: Unrestricted Review of Arbitral Awards in Antitrust Matters
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 … Continue reading →