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Recognition of foreign decisionsIs there suddenly reciprocity regarding recognition of commercial judgements between Germany and Russia?
Recognition and enforcement of foreign judgements in Russia has been at the center of my professional interest for a long time now. The traditional approach under Russian law was that foreign court decisions were only recognised if there was a bi- or multilateral treaty.
SanctionsEU General Court confirms prohibition of rendering legal services to Russian legal entities and gives guidance regarding the exceptions
On October 2, 2024, the General Court of the European Union (Grand Chamber) delivered a significant ruling in Case T-797/22. The claim was filed by the Ordre néerlandais des avocats du barreau de Bruxelles (Belgium) and other applicants, supported by the Bundesrechtsanwaltskammer (Germany) and Ordre des avocats de Genève (Switzerland). The applicants challenged the legal […]
Arbitration Recognition of foreign decisionsNo enforcement against frozen property without prior authorisation
The Federal Court of Justice (BGH) decided on January 25, 2024, under case number IX ZR 19/22, that without authorization from the German Federal Bank, frozen funds and economic resources cannot be seized under Regulation (EU) 2016/44.
Maritime IndustryKDB.legal teamed up with Lexology – Getting the deal through and published the German chapter of the Shipping report
We are happy to share that KDB.legal teamed up with Lexology Getting The Deal Through and prepared the German chapter of the Shipping Report.
Recognition of foreign decisionsNo protection for trademarks in Russia
On 2 March 2022, the Arbitrazh Court of the Kirov Region rendered a judgement which will potentially make a little piglet which is rather popular among 3-6 year olds famous with IP lawyers. The original of the judgement can be found here, a translation into English is provided below.
ArbitrationExtension of arbitration clauses to third parties
The extension of arbitration clauses to third parties, especially parent or affiliated companies, is a kind of “french speciality”. Since the “dow chemical” decision in 1982 which is often quoted to have established a “group of companies” approach in arbitration, there are a number of decisions that extended arbitration clauses to non-signatories of the arbitration […]
ArbitrationFraud via GAFTA-Arbitration
Internet fraud is a very common and presumably profitable business. We have come across a number of schemes over the years, the most common one being the interception of communication and the exchange of payment details in invoices, so that the payment is diverted to a third party who then cannot be traced.Recently, we came […]
