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 […]

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 […]

Claimants who do not have their habitual residence in an EU or an EEA Member State are obliged, to provide security for legal costs if the other party requests this (§ 110 ZPO -German Code of Civil Procedure). In a recent decision, the German Federal Court ruled whether this also applies if the annulment of […]

Does the arbitral tribunal have endless time to render its final award? Or might the losing party have a ground to challenge an award because the tribunal needs too much time for it? The Higher Regional Court (OLG) Frankfurt am Main had to decide whether a delay of almost one year constituted grounds for setting aside […]

Decisions rendered in state court proceedings at the place of arbitration about the scope of the arbitration clause are binding for the German exequatur court and exclude a reconsideration of these issues or a successful invocation of the same defence in the German enforcement proceedings. This applies in particular to the defence of the lack […]

A german court does not have to gather additional evidence offered on a disputed fact if it can base its conviction within the meaning of section 286(1) of the Code of Civil Procedure (ZPO) on other circumstances, such as the content of a party hearing alone (BGH, 10.03.2021 – XII ZR 54/20). This applies independently […]