Overview In a legal dispute between a German claimant and a Russian respondent, the Berlin Higher Regional Court (Kammergericht) dealt with the question of the admissibility of arbitration proceedings based on a dispute over the fulfilment of contractual obligations. In its landmark decision (dated 1 June 2023, case no 12 SchH 5/22), the Berlin Higher […]
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No means to overturn legal mistakes of an Arbitral Tribunal
On December 21, 2023, the German Federal Court of Justice (Bundesgerichtshof, BGH) – in overturning a decision by the Cologne Higher Regional Court (Oberlandesgericht, OLG Köln) – clarified the standards for the recognition and enforcement of foreign arbitral awards in Germany, emphasizing the principle that limits the scope of review by German courts to the […]
Restitution of Nazi-looted art: New law aims to facilitate enforcement of claims
On April 17th, the German Federal Ministry of Justice proposed a bill to facilitate the enforcement of claims for the return of cultural property unjustly seized during the Nazi era. New provisions include information requests and rules regarding statutes of limitations. ©Rui Alves/Unsplah The proposed legislation seeks to streamline the process for reclaiming Nazi-confiscated cultural […]
Navigating the Complexities of the EU Emissions Trading System: The Mandate
The maritime industry’s integration into the EU Emissions Trading System (EU-ETS) in 2024 remains a challenge for shipping companies concerned: With the prospect of the many more reporting obligations and submission deadlines to come, shipowners are increasingly considering delegation options to manage MRV and EU-ETS obligations effectively. Only last week the German Administering Authority (DEHSt) […]
Nearly 80 years after the end of National Germany to replace Nazi-loot advisory panel with binding arbitration
The Advisory Commission, formerly known as the Limbach Commission, dealing with the return of Nazi-looted art from Jewish owners, has been facing criticism for its inefficiency. Now, nearly 80 years after the end of National Socialism in Germany the federal government, states and local authorities agreed shaking things up by replacing it with an arbitration […]
The EU General Court confirms: The Council must adhere to strict reasoning standards for the sanctioning of associated persons.
@Mister Pittinger – pixabay On 20 March 2024 the first Chamber of the EU General Court once again had to decide on behalf of a person sanctioned due to their association and immediate familiar ties to a Russian businessperson. This time Nikita Mazepin (the Claimant) brought an action of annulment under Art. 263 TFEU before […]
What keeps the shipping sector up at night: The EU ETS and MRV reform
Photo by Venti Views on Unsplash As of 1. January 2024 the Directive (EU) 2023/959 of the European Parliament and of the Council of 10. May 2023 came into effect, thereby extending the EU Emissions Trading System (EU ETS) to the maritime sector. While EU law dictates that a Directive such as this needs to […]