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…
At the beginning of 2020, it became known that the Polish airline company LOT decided to purchase its…
GERMANY Ragnar Harbst, Heiko Plassmeier, Jürgen Mark A. LEGISLATION AND RULES A.1 Legislation International arbitration in Germany continues…
On 20 September 2019, ICSID registered a request by the Austrian construction company STRABAG SE (“Strabag”) for the initiation of an ICSID arbitration proceeding (ICSID Case No. ARB/19/29). Strabag and two of its affiliates (“Erste Nordsee-Offshore Holding GmbH” and “Zweite Nordsee-Offshore Holding GmbH”) are suing the Federal Republic of Germany for damages in a still unknown amount. So far, no documents are public except for the notification of a request for arbitration. The notification, however, clearly shows…
The world is small, so is the arbitration scene. Therefore, it cannot always be prevented that arbitrators and…
The never-ending clash between the Civil Law and Common Law traditions in international arbitration took center-stage once again…
A couple of months ago a decision by the European Court of Justice (“ECJ”) shocked the arbitration community: The ECJ decided in its (in)famous Achmea-decision that EU member states must not settle their disputes in arbitration proceedings agreed upon in bilateral intra-EU investment treaties (see https://www.globalarbitrationnews.com/ecj-stops-investment-arbitration-intra-eu/). The reasoning of Achmea was that EU member states are bound to use the judicial system established by the European Union. Settling disputes in private arbitration proceedings would, according…