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On 18 April 2023, the German Federal Ministry of Justice published its „Guidelines on the modernization of German Arbitration Law“ (Guidelines)[1], proposing twelve potential changes to the current rules. Those changes, together with the proposed introduction of commercial courts[2], are aimed at strengthening Germany as a place for international commercial disputes. The Guidelines are based on a report by a working group which had been tasked with the review of German arbitration law back in…

A. LEGISLATION AND RULES A.1 Legislation Already in the 2017-2018 edition of this Yearbook, we had reported about a working group tasked with a review of German arbitration law.[1] Based on the findings of the working group, the German Federal Ministry of Justice intended to present a draft bill for the reform of German arbitration law in 2021.[2] For various reasons, the reform was delayed, but the ministry recently resumed its work. It confirmed that…

A. LEGISLATION AND RULES A.1       Legislation In the 2017-2018 edition of this Yearbook, we reported about a working group that had been tasked with a review of German arbitration law.[1] After the working group had submitted its findings to the German Federal Ministry of Justice, the Ministry wanted to present a draft bill for the reform of German arbitration law before the end of the 19th legislative period in December 2021.[2] The Ministry did not…

In its Achmea-decision,[1] the ECJ decided that EU member states must not settle their disputes in arbitration proceedings agreed upon in bilateral intra-EU investment treaties (here: the BIT between the Netherlands and Slovakia) (see https://www.globalarbitrationnews.com/ecj-stops-investment-arbitration-intra-eu/). The Higher Regional Court Frankfurt recently had to deal with the question whether the ruling in Achmea is transferable to other intra-EU-BITs, namely the BIT between Croatia and Austria.[2] In this case, the investors argued that the Achmea-decision was based on…