The recent judgment of the District Court Groß-Gerau offers an instructive illustration of the complex internaction between the Convention on the Contract for the International Carriage of Goods by Road (CMR), the Brussels I Regulation and the Rome I Regulation in cross-border transport disputes. I. Introduction Cross-border road transport disputes within the EU frequently raise […]
Category: Maritime Industry
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 […]
Cyprus court decision not recognised in Russia
Since 1984, Cyprus was one of the few EU countries to have concluded a mutual legal assistance agreement with Russia in civil and criminal matters, under which the two countries undertook to recognise the decisions of each other’s courts (Art. 23). However, current practice is such that this provision is no longer applied. Decisions by […]
The ongoing legal saga: Court bans Finland’s Wartsila from suing a Russian plant abroad
A court in St. Petersburg has forbidden the Finnish company, Wartsila, from pursuing or continuing arbitration proceedings abroad against a Russian plant. This decision follows the court’s earlier rejection of Baltic Plant’s €7.6 million claim against Wartsila for non-compliance with six independent guarantees. Background facts The guarantees were related to a contract with the Russian […]
KDB.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. So, if you are researching any question regarding 𝐒𝐡𝐢𝐩𝐛𝐮𝐢𝐥𝐝𝐢𝐧𝐠 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭𝐬𝐒𝐡𝐢𝐩 𝐫𝐞𝐠𝐢𝐬𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐦𝐨𝐫𝐭𝐠𝐚𝐠𝐞𝐬𝐋𝐢𝐦𝐢𝐭𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐋𝐢𝐚𝐛𝐢𝐥𝐢𝐭𝐲𝐏𝐨𝐫𝐭 𝐒𝐭𝐚𝐭𝐞 𝐂𝐨𝐧𝐭𝐫𝐨𝐥𝐂𝐥𝐚𝐬𝐬𝐢𝐟𝐢𝐜𝐚𝐭𝐢𝐨𝐧 𝐒𝐨𝐜𝐢𝐞𝐭𝐢𝐞𝐬𝐂𝐨𝐥𝐥𝐢𝐬𝐢𝐨𝐧, 𝐒𝐚𝐥𝐯𝐚𝐠𝐞, 𝐖𝐫𝐞𝐜𝐤 𝐑𝐞𝐦𝐨𝐯𝐚𝐥 𝐚𝐧𝐝 𝐏𝐨𝐥𝐥𝐮𝐭𝐢𝐨𝐧𝐒𝐡𝐢𝐩 𝐀𝐫𝐫𝐞𝐬𝐭𝐉𝐮𝐝𝐢𝐜𝐢𝐚𝐥 𝐒𝐚𝐥𝐞 𝐨𝐟 𝐆𝐨𝐨𝐝𝐬𝐂𝐚𝐫𝐫𝐢𝐚𝐠𝐞 𝐨𝐟 𝐆𝐨𝐨𝐝𝐬 𝐛𝐲 𝐒𝐞𝐚 […]
German insolvency law vs. worldwide freezing order 1:0
A worldwide freezing order under English law is a legal instrument that allows to freeze a defendant’s assets located across the world, and not limited to just one jurisdiction. In contrast to an arrest, a worldwide freezing order has no effect in rem, but ad personam. It may exert enforcement and good conduct pressure on internationally […]
Chittagong scrap yard: The last shipowner is responsible for the working conditions (?)
Background The English High Court, by order of 13 July 2020 ([2020] EWHC 1846 (QB) – Hamida Begum vs. Maran (UK) Ltd), allowed a lawsuit by which the widow of a worker who died in a fatal accident at a scrap yard in Bangladesh sued the last shipowner of a tanker sold for scrapping to […]