At the beginning of 2020, it became known that the Polish airline company LOT decided to purchase its German rival which was part of the Thomas Cook Group which became insolvent in 2019. The deal was signed in January, but on 13 April 2020, it became known that LOT pulled out of the deal because of COVID-19.[1] This is a prominent example, but certainly not the only example where a purchaser of a company might try…
GERMANY Ragnar Harbst, Jürgen Mark A. LEGISLATION AND RULES A.1 Legislation International arbitration in Germany continues to be…
On 20 September 2019, ICSID registered a request by the Austrian construction company STRABAG SE (“Strabag”) for the initiation of…
The world is small, so is the arbitration scene. Therefore, it cannot always be prevented that arbitrators and counsel know each other from previous professional encounters. But when can this fact lead to the challenge of an arbitrator? The Higher Regional Court of Frankfurt had to deal with this question[1] – in two respects. Respondent’s counsel had worked in the same law firm as the presiding arbitrator and the arbitrator nominated by Respondent. As to…
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 question whether arbitration agreements cover cartel damages claims is highly disputed. Recently, the Regional Court Dortmund took an arbitration-friendly approach by dismissing an action as inadmissible and referring the dispute to arbitration.[1] The dispute arose between a joint venture of construction companies (“Claimant”) and a rail manufacturer (“Respondent”). In 2003, Claimant and Respondent concluded two contracts under which Respondent was obliged to deliver rails as well as to perform certain construction duties. Additionally, the…
“Creeping Americanization of international arbitration: is it the right time to develop inquisitorial rules of evidence?”[1] A session…
The recent decision of the European Court of Justice (CJEU) in the case between Slovakia vs. Achmea BV…
In a groundbreaking decision of 6 March 2018, the European Court of Justice (CJEU) shook up the arbitration community. The first reaction generally is that the CJEU has virtually stopped investment arbitration proceedings if the underlying Bilateral Investment Treaty (BIT) had been concluded between member states of the European Union. But is that true? To recall: BITs typically stipulate that each contracting country promises to treat investors from the other contracting country in a fair and…