Introduction The Highest Regional Court of Bavaria (“BayObLG”) has recently issued several decisions underscoring the court’s supportive stance toward recognition and enforcement of arbitral awards. Three of them have already been reported in Global Arbitration News (Reports of May 9, May16, and May 21, 2025). In another ruling of 15 January 2025 (Case No. 102 Sch 250/23e), the BayObLG reaffirmed the high threshold required to deny recognition and enforcement of an arbitral award. It granted…
“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…
The Highest Regional Court of Bavaria (“BayObLG”) has recently strengthened Germany’s position as a recognition-friendly jurisdiction in international arbitration. In its decision, the court confirmed the declaration of enforceability of two related foreign arbitral awards despite allegations of a violation of the right to be heard due to severe illness and poverty. This decision is in line with the German courts’ general position to only decline enforceability in exceptional cases. Thereby, Germany provides foreign parties…
The German Federal Court of Justice (BGH), in its decision of 9 January 2025 (docket number I ZB 48/24[1]), dealt…
The Higher Regional Court of Frankfurt (OLG) recently ruled that an arbitration clause in a framework supply agreement…
In 2018, the European Court of Justice (ECJ) shocked the arbitration world: In its Achmea-decision, it invalidated arbitration agreements in bilateral investment treaties (BIT) entered into between EU member states. The rationale of the decision: Arbitral tribunals could not sufficiently ensure that European Law was applied in compliance with ruling of the ECJ. Accordingly, member states of the EU were not permitted to effectively opt-out of the last-instance jurisdiction of the ECJ by agreeing on…
A. LEGISLATION AND RULES A.1 Legislation In the 2023-2024 edition of this Yearbook, we had reported about the…
The German Federal Court of Justice (“BGH”) recently decided that the application to set aside an arbitral award…
A. LEGISLATION AND RULES A.1 Legislation In the 2017-2018 and 2022-2023 editions of this yearbook, we reported about a working group tasked with the review of German arbitration law.[1] On 18 April 2023, the Federal Ministry of Justice presented a key issues paper on the modernization of German arbitration law, which had last been comprehensively reformed in 1997. The aim is to adapt the law to current requirements and to increase Germany’s attractiveness as an…