On Sept. 16, 2015, the European Union launched a proposal for a new “Investment Court System” which shall be competent to hear investor-state disputes, initially those emerging under a completed Transatlantic Trade and Investment Partnership (“TTIP”) currently negotiated between the United States of America and the European Union. In the long run, the Investment Court System is apparently meant to replace the classic investment arbitration or “Investor-State Dispute Settlement” (“ISDS”), at least to the extent…
In the Federal Supreme Court’s decision of June 18, 2014 (III ZB 89/13) the court had to decide…
Parties who want to opt for institutional arbitration (instead of ad-hoc arbitration) can choose amongst a long list…
According to German law, a party challenging an arbitral award for procedural irregularities has to demonstrate that such irregularities presumably affected the outcome of the arbitration. In a recent decision, the Federal Supreme Court provided some guidance as to the level of proof required in this regard (Decision of December 11, 2014, record no I ZB 23/14). The German arbitration law, contained in the 10th book of the German Code of Civil Procedure (ZPO), was…
The International Council for Commercial Arbitration (“ICCA”) has recently published a so-called “Drafting Sourcebook for Logistical Matters in…
Witness evidence in international arbitration is generally prepared by witness statements these days. A witness statement is a…
It has been suggested that the use of arbitration to resolve disputes in the financial services sector is less popular than it could be, largely due to the standard rules of major arbitral institutions not necessarily offering business users in the sector the certainty and expedition that they seek. This notably prompted PRIME Finance to be established. Many jurisdictions, including England and Wales, of course permit parties to expedite the arbitration procedure by, for example,…
In a ruling of 1 October 2014, the Higher Regional Court Munich had to deal with an arbitration clause…
In its decision of 24 July 2014, the German Federal Court of Justice discussed whether the arbitration agreement…
In a ruling of 27 November 2013, the Federal Supreme Court dealt with the question as to whether third parties can be included into arbitral proceedings (group of companies doctrine) and as to which law governs such question. A Danish claimant and an Indian respondent both produced certain equipment. The director general (DG) and the only shareholder of the claimant owned a patent of a certain design. In 1999, the … Holdings Ltd based in…