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In Germany

German Constitutional Court finally rules on Achmea: All doors closed now for intra-EU investor-state arbitrations

by 4 Mins Read

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…

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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2023-2024 – Germany

by and 20 Mins Read

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…

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In Germany

Watch out arbitrators! Or maybe not?

by and 7 Mins Read

Arbitration proceedings are becoming increasingly complex.[1] Pleadings are getting longer. Written evidence and the taking of evidence in general are becoming more extensive. 100,000 pages of documentary evidence in a single arbitration proceeding? This is no longer uncommon. But does this mean that awards in arbitration must also become increasingly comprehensive? It is a nearly universal principle that, unless otherwise agreed, international arbitral awards must set forth the reasons for the tribunal’s decision.[2] The requirement…

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In Arbitrability

District Court of Munich confirms arbitrability of patent validity disputes

by 6 Mins Read

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…

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