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 […]
Die Themen
No protection for trademarks in Russia
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 […]
Extension of arbitration clauses to third parties
French and Russian courts extend arbitration clauses to parent companies
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 […]
Fraud via GAFTA-Arbitration
a brief case study
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 […]
No security for costs if annulment of arbitral award is sought by way of counterclaim
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 […]
Frankfurt am Main: Delay of the arbitral award does not lead to annulment
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 about the validity of arbitration clauses at the seat of arbitration are binding in proceedings about the enforcement of an award
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 […]