BGH, Urteil vom 13. Oktober 2022 – I ZR 151/21 In a recent decision, the German federal court of justice (BGH) addressed the issue of whether the principal carrier can be held fully liable without limitation to the sender under Article 29 CMR when the breach of duty is committed by the sub-carrier concerning obligations […]
Die Themen
What are the chances of a foreign claimant to succeed in a Russian court?
Photo published on Vecteezy Recently, during the 12th Asia Pacific International Legal Forum, the Chairman of the Supreme Court of the Russian Federation Vyacheslav Lebedev reported that the total number of economic disputes involving foreign parties has increased by 60%, to 10.6 thousand in the first half of 2023. Whereas 93% of disputes were resolved […]
KDB.legal teamed up with Lexology – Getting the deal through and published the German chapter of the Shipping report
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 […]
Are Russians now banned from bringing cars and smartphones to the EU?
On the 8th of September the European Commission posted an update to the “frequently asked questions “(FAQs) on the rules for applying sanctions against Russia. (Commission Consolidated FAQs on the implementation of Council Regulation No 833/2014 and Council Regulation No 269/2014, D. Trade and Customs, 5. Import, Purchase and Transfer of Listed Goods, 13; p.169). The […]
German insolvency law vs. worldwide freezing order 1:0
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 […]
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 […]