In January, we reported on the decision of the Higher Regional Court Cologne dated 17 February 2025 (Case No. 19 Sch 24/24) regarding the requirement for security deposit for costs in Germany. Now, the German Federal Court of Justice has published a decision regarding the same topic dated 15 January 2026 (Case No. I ZB 53/25). In its decision, the German Federal Court of Justice had to decide whether a Russian plaintiff had to provide…
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…
In its decision I ZB 42/25 of 18 December 2025, the German Federal Court of Justice clarified when legal disputes may be remitted to an arbitral tribunal pursuant to Section 1059(4) German Code of Civil Procedure. Under Section 1059(4) German Code of Civil Procedure, a state court that sets aside an arbitral award may remit the case to the arbitral tribunal. There has been uncertainty about whether this is possible when the award was set aside due…
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…
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…