Search for:
Category

Europe

Category

In a decision of 27 March 2026 (Docket No. 102 Sch 104/25 e), the Bavarian Supreme Court (Bayerisches Oberstes Landesgericht, “BayObLG”) declared enforceable in Germany a Czech arbitral award that had been issued in electronic form with qualified electronic signatures of the arbitrators. The decision is of interest for three procedural reasons, but also from a substantive perspective: First, it confirms that an e-award can be enforced under the New York Convention where the applicable…

Introduction While the arbitrability of patent validity disputes has long been established in many jurisdictions, the issue remains a subject of controversy in others, particularly in Germany. This debate arises from the fact that patents are intellectual property rights granted by a sovereign state, the validity of which is traditionally determined by state courts. Recently, the German Federal Court of Justice (Bundesgerichtshof) had another opportunity to take a definitive stance on this matter.[1] However, the…

Commented decision: Paris Court of Appeal (Department 5 – Chamber 16), 9 December 2025, n°22/04007[1] On 9 December 2025, the Paris Court of Appeal annulled a USD 14.92 billion arbitral award rendered against Malaysia in favor of the heirs of the Sultan of Sulu. The Court held that the arbitration agreement contained in an 1878 agreement was inapplicable because a decisive and indivisible element of the parties’ consent—the reference to the British Consul General in…

Introduction On Tuesday 2 December 2025, Baker McKenzie hosted the all-female panel, “Look Back to Look Forwards with ArbitralWomen – Current Hot Topics Across the Arbitral Spectrum (and expectations for 2026)” with ArbitralWomen as part of London Arbitration Week 2025. Kate Corby of Baker McKenzie chaired the panel and shared insights into the acute impact of geopolitical instability across the arbitration world as well as the increasing technical and documentary complexities of arbitrations. Wing Shek…