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…
In January, we reported on the decision of the Higher Regional Court Cologne dated 17 February 2025 (Case…
In 2025, Luxembourg saw major arbitration developments. The Luxembourg Arbitration Center (“LAC”) updated its rules effective 1 October…
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…
In its decision I ZB 42/25 of 18 December 2025, the German Federal Court of Justice clarified when…
Paris Court of Appeal, Sector 5 chamber 16 (Pôle 5 Chambre 16), 9 December 2025 – n° 25/01855…
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…
Section 110(1) of the German Code of Civil Procedure provides that plaintiffs who do not have their habitual…
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 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…