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 The Highest Regional Court of Bavaria (“BayObLG”) has recently issued several decisions underscoring the court’s supportive stance…
“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…
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…
The German Federal Court of Justice (BGH), in its decision of 9 January 2025 (docket number I ZB 48/24[1]), dealt with two distinctive features of German arbitration law and German civil law, namely Section 1032(2) of the German Code of Civil Procedure (“ZPO”) and Sections 305 et seq. of the German Civil Code (“BGB”). Section 1032(2) ZPO reads: “Prior to the composition of the arbitral tribunal, an application may be made to the court to declare whether or not arbitration…
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…
A. LEGISLATION AND RULES A.1 Legislation In the 2023-2024 edition of this Yearbook, we had reported about the Federal Ministry of Justice’s key issues paper on the modernization of German arbitration law dated 18 April 2023 and the respective draft bill published on 1 February 2024[1]. The paper and the bill were aimed at adapting the law to current requirements and to increase Germany’s attractiveness as an arbitration venue. The proposed arbitration law reform was…