Section 110(1) of the German Code of Civil Procedure provides that plaintiffs who do not have their habitual place of abode in a Member State of the European Union (“EU”) or in a signatory state of the Agreement on the European Economic Area (“EEA”) shall provide security deposit for the costs of the proceedings should the defendant so demand; the exceptions are regulated in Section 110(2) of the German Code of Civil Procedure. Section 110 of…
The applicant sought recognition and enforcement of a Swedish award in Germany. In the arbitral proceedings, the respondent…
Introduction On Tuesday 2 December 2025, Baker McKenzie hosted the all-female panel, “Look Back to Look Forwards with…
The substantive provisions of the Arbitration Act 2025 (the “2025 Act”) entered into force on 1 August 2025 via The Arbitration Act 2025 (Commencement) Regulations 2025. The long-awaited 2025 Act amends the Arbitration Act 1996 (the “1996 Act”), which was reviewed by the Law Commission with the aim of reinforcing London’s status as a leading destination for international arbitration, and to align the UK’s legislation with recent reforms in other global arbitration hubs. The Law Commission’s full report is…
Introduction The Highest Regional Court of Bavaria (“BayObLG”) has recently issued several decisions underscoring the court’s supportive stance…
“Justice may be delayed, but it is never denied.” This saying perfectly encapsulates the essence of a recent…
The Bavarian Highest Regional Court (“BayObLG”) recently reaffirmed the stringent standards German courts apply when evaluating allegations of arbitrator bias. In its decision of November 7, 2024, the court rejected a challenge against a presiding arbitrator, emphasizing that neither procedural errors nor preliminary assessments raise justified doubts concerning impartiality. This ruling underscores the German courts’ thorough approach to arbitrator challenges. Moreover, the court endorses that the arbitral tribunal expressed its preliminary view on the case.…
The Highest Regional Court of Bavaria (“BayObLG”) has recently strengthened Germany’s position as a recognition-friendly jurisdiction in international…
This case offers a striking illustration of the limits imposed on annulment judges reviewing international arbitral awards seated…
The German Federal Court of Justice (BGH), in its decision of 9 January 2025 (docket number I ZB 48/24[1]), dealt with two distinctive features of German arbitration law and German civil law, namely Section 1032(2) of the German Code of Civil Procedure (“ZPO”) and Sections 305 et seq. of the German Civil Code (“BGB”). Section 1032(2) ZPO reads: “Prior to the composition of the arbitral tribunal, an application may be made to the court to declare whether or not arbitration…