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 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…
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…
On 9 March 2023, the German Federal Court of Justice (“BGH”) confirmed the decision of the Higher Regional Court of Koblenz to refuse recognition and enforcement of an arbitral award issued in Russia.[1] Among others, the BGH held that the Arbitral Tribunal exceeded its personal jurisdiction by extending an arbitration agreement to a de facto group of companies. In its decision, the BGH answered several highly relevant questions: Factual Background The claimant in the arbitration…