The Federal Court of Justice (BGH) decided on January 25, 2024, under case number IX ZR 19/22, that without authorization from the German Federal Bank, frozen funds and economic resources cannot be seized under Regulation (EU) 2016/44. The case involved G. GmbH, which secured an arbitration award against the Libyan state fund L., entitling it […]
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 […]
On 2 March 2022, the Arbitrazh Court of the Kirov Region rendered a judgement which will potentially make a little piglet which is rather popular among 3-6 year olds famous with IP lawyers. The original of the judgement can be found here, a translation into English is provided below. The story is simple: The holder […]
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 […]
With a judgement of 14.12.2020 (court case number A40-111764/20) the Arbitrazh Court of Moscow recognised and declared enforceable a decision of an Antwerp court. The Moscow Arbitrazh Court referred to Art. 15 para 4 of the Russian Constitution according to which the recognised principles and norms of international law are an integral part of the […]
Just a few days ago, we published a post with an optimistic outlook on Russian court practice in respect of recognition and enforcement of foreign arbitral awards in Russia. I called this the light at the end of the tunnel out of Russian court’s rather hostile attitude towards arbitration. Now the Arbitrage Court of the […]