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SchiedsgerichtsbarkeitFederal Court of Justice (BGH) on the Setting Aside and Remittal of Arbitral Awards to the Original Tribunal for Re-Consideration
Introduction:In another rare decision on the setting-aside of an arbitral award, issued on 18 December 2025 (Case No. I ZB 42/25), the German Federal Court of Justice (Bundesgerichtshof, BGH) considered the appeal against the ruling by the Bavarian Supreme Regional Court (BayObLG, case no. 102 Sch 39/24 e), on which we had commented here. The […]
- Recognition of foreign decisions
Russian Court Recognizes Latvian Bankruptcy Ruling on Trademarks: A Remarkable Decision Amidst an Anti-Western Climate
IntroductionIn an environment characterized by increasing legal isolation and skepticism towards judgments from Western or so-called “unfriendly” countries, a recent ruling by the Moscow Arbitrazh Court (Case No. A40-300609/2024, published on 11 November 2025) stands out. The court confirmed the recognition of a Latvian court decision impacting high-value international trademarks, even as diplomatic relations between […]
- Schiedsgerichtsbarkeit
Rare decision: BayObLG Sets Aside Award due to Violation of Due Process and Inadequate Reasoning
Introduction:In a recent decision delivered on 2 April 2025, the Bavarian Supreme Regional Court (BayObLG case no. 102 Sch 39/24) set aside an arbitral award in a high-profile dispute concerning milestone-based earn-outs in the life sciences sector. This ruling marks an important clarification on the requirements for due process (rechtliches Gehör) and the standard of […]
- Recognition of foreign decisions
Is Volkswagen AG insolvent? In Russia, it is!
Introduction In recent years, cross-border insolvency and asset recovery against multinational corporations with involvement in Russia have taken on new complexity. A landmark decision by the Moscow Arbitrazh (Commercial) Court in October 2025, opening local insolvency (bankruptcy) proceedings against the German parent company Volkswagen Aktiengesellschaft (Volkswagen AG), exemplifies these developments. This article examines the case, […]
- Recognition of foreign decisions
Is there or is there no reciprocity for the recognition of judgements between Russia and Germany?
A while ago we had reported on a decision of the Arbitrazh Court in St. Petersburg which had recognised a German court decision from Stuttgart on the basis of reciprocity – see here: Is there suddenly reciprocity regarding recognition of commercial judgements between Germany and Russia? – Koch Boës – Rechtsanwälte. Not unawaited, this decision […]
- Recognition of foreign decisions
Jurisdiction Clauses Can Close the Door – Lessons from a German-Russian Dispute
When entering into international contracts, parties often agree in advance which courts should resolve any disputes that may arise. While this approach offers predictability and legal certainty, it can also severely limit a party’s options. While it is a common approach to avoid foreign jurisdictions, one might learn that a decision from one’s “home” courts […]
- Arbitration Investment Arbitration
Russian Court issues injunction against Claimant, Arbitrators and Counsel in Energy Treaty dispute
On 29 April 2025, the Moscow Arbitrazh Court (Case Number: А40-92702/25-56-674) granted a motion applied for by the General Prosecutor’s Office of the Russian Federation for interim relief, ordering the suspension of all arbitration procedures in the case of Wintershall Dea GmbH v. Russian Federation. The order applies until the court issues a final ruling […]
