The arbitrability of disputes concerning the validity and existence of patents has always been the subject of debate. Traditionally, the prevailing opinion among scholars and courts has been that such disputes are not arbitrable.[1] More recently, this view has been challenged, with some scholars finding that arbitral tribunals should be, and are, competent to decide disputes concerning the validity and existence of patents – at least with inter partes-effect by ordering one party to apply…
One year ago, the Higher Regional Court Frankfurt decided that the Achmea-decision[1] by the Court of Justice of…
A. LEGISLATION AND RULES A.1 Legislation In the 2017-2018 edition of this Yearbook, we reported about a working…
In a recent decision, the Higher Regional Court of Frankfurt defined the requirements and limits in which the losing party in an arbitration can defend itself against the arbitral award with counterclaims at the stage of enforcement proceedings in Germany.[1] Facts of the case: The Higher Regional Court Frankfurt had to deal with an application to declare an ICC award enforceable in Germany. The background to the dispute was a contract concerning the purchase of…
Parties often chose arbitration over state court litigation because arbitral proceedings are more flexible and more efficient. Parties…
In its Achmea-decision,[1] the ECJ decided that EU member states must not settle their disputes in arbitration proceedings…
What ultimately matters is to win your case, isn’t it? To that end, you need to convince the arbitral tribunal. Lawyers trust in the power of legal arguments and neglect psychology. If you are different, you may want to attend a talk next Monday, March 22, at 12:15 CET. The event is part of the Hamburg Arbitration Days and organized by BAUMANN Resolving Disputes. To know more about this event, please click here.
The arbitration agreement is a separate agreement from the substantive agreement (= doctrine of separability). As a result,…
GERMANY Ragnar Harbst, Heiko Plassmeier, Jürgen Mark A. LEGISLATION AND RULES A.1 Legislation International arbitration in Germany continues…
German law strictly protects the secrecy of the deliberations of a court and therefore does not allow the publication of dissenting opinions of lower court judges. This is for several reasons: Firstly, if the judges can stay anonymous and do not need to fear being pinned down in a dissenting opinion of a colleague, they are more inclined to openly express their views during the deliberations. Secondly, the publication of dissenting opinions could encourage and…