In a recent ruling of 15 January 2026 (case no. I ZB 53/25), the German Federal Court of Justice (Bundesgerichtshof, BGH) clarified that Russia’s ongoing war against Ukraine and the resulting sanctions regime do not affect the Hague Convention on Civil Procedure and the exoneration of Russian claimants from any security for costs. The BGH […]
Category: Arbitration
Wintershall Dea – Round 3: The Moscow – Dubai Arbitration Clash – the Russian Federation is in contempt of court
The Wintershall Dea Saga is continuing and in its “third round” now. This time, the geographical scope is further expanded, and old problems are addressed with a renewed strategy. We have already covered the development that Russian courts have awarded claims of more than EUR 7.5bn against counsel, arbitrators and Wintershall Dea itself (read more […]
Arbitrator biased: Paris CoA sets aside investment treaty award due to arbitrator’s firm’s published “no-Russia” policy and media likes
Cour d’appel de Paris, France, 15 January 2026, RG 22/19397
Introduction: On 15 January 2026, the Paris Court of Appeal (Cour d’appel de Paris, Pôle 5 – Chambre 16) issued a decision annulling a partial arbitral award rendered under the auspices of the Permanent Court of Arbitration (PCA, Case No. 2019-34). The dispute involves the expropriation of Crimean real estate assets following Russia’s occupation of […]
BGH confirms: An application for confirmation of the scope of an arbitral clause can be filed even if proceedings on the merits are already pending in a state court: BGH, 6 November 2025, I ZB 33/25
Case Summary and Background The dispute decided by BGH on 6 November 2025 (case ref: I ZB 33/25) arose from a complex international supply relationship involving ship engines. In 2007, a German manufacturer sold four ship engines to an Australian company, I. Ltd., which installed them in the vessel “E.”. Over time, the ship changed […]
Federal 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 […]
Rare decision: BayObLG Sets Aside Award due to Violation of Due Process and Inadequate Reasoning
BayObLG sets aside DIS award for violation of right to be heard
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 […]
Arbitration Restrictions Challenged Before EU Courts
Introduction Two parallel actions for annulment have been filed before the European General Court, challenging specific provisions within the European Union’s sanctions framework targeting Russia. Cases T-655/25 and T-640/25 seek to invalidate newly introduced restrictions on the recognition and enforcement of arbitral awards related to EU sanctions measures. Image by Marc Schneider from Pixabay Legal […]