Years after the fire in 2018, a prominent art collector and businessman Perelman claims that 5 artworks lost their spark, luster and depth and demands $410m for them. The insurance companies have argued that the works had “not sustained any detectable damages”. Allegations of Damage: Oomph or no oomph? At the heart of the dispute […]
This article is the second part of the discussion of the judgement of the Higher Regional Court of Berlin no. 12 SchH 5/22 and aims to examine the phenomenon that courts in different jurisdictions (in this case, in Russia and in Germany) determine the competence to decide a dispute in exactly opposite ways: The Russian […]
Although not a judgement per se and lacking binding force, as explicitly pointed out by the Tribunal, yesterday’s Advisory Opinion by the #Tribunal for the Law of the Sea marks another corner stone in international climate litigation. Text of the Advisory Opinion can be found here. Introduction The International Tribunal, an independent judicial body established […]
The Moscow District Arbitrazh Court refused to recognize decisions from US courts, stating a lack of evidence of reciprocity under international principles. Decisions made before February 28, 2022, were considered irrelevant in the ruling (case No. A40-242631/2022, dated 24 July 2023) The court cited Government Decree No. 430-r of March 5, 2022, which listed “unfriendly […]
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 […]
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 […]
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 […]