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In Germany

Between Courts and Clauses: The Arbitrability of Patent Validity Disputes in Germany – and What Other Jurisdictions Do

by and 8 Mins Read

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…

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In France

The Paris Court of Appeal annuls USD 14.92 billion award against Malaysia finding the underlying arbitration agreement to be inapplicable

by and 6 Mins Read

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…

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In England and Wales

Look Back to Look Forwards – Current Hot Topics Across the Arbitral Spectrum (and Expectations for 2026)

by , and 6 Mins Read

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…

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In Germany

Highest Regional Court of Bavaria clarifies that Expert Determination does not Displace Jurisdiction of an Arbitral Tribunal

by and 4 Mins Read

“Justice may be delayed, but it is never denied.” This saying perfectly encapsulates the essence of a recent landmark decision by the Highest Regional Court of Bavaria (BayObLG) dated 12 December 2023 (Case No. 102 SchH 114/23 e). The court tackled the intricate relationship and interplay between arbitration clauses and expert determination clauses. It determined that expert determination clauses do not render arbitration proceedings inadmissible but “only” unfounded at present (“zurzeit unbegründet”) until the expert…

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