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Arbitration Recognition of foreign decisionsPing-Pong decisions on jurisdiction – to arbitrate or not to arbitrate, that is the question
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 […]
UncategorizedWelcoming Climate Litigation: Advisory Opinion of the Tribunal for the Law of the Sea
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.
Recognition of foreign decisions ArbitrationRussian courts‘ new approach to reciprocity: Post-sanctions compliance
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)
Recognition of foreign decisionsIs it still possible to serve documents in Russia under the Hague Convention or can the German court go straight to public service?
© Namzhil Chimitov/Unsplash 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), […]
ArbitrationNo means to overturn legal mistakes of an Arbitral Tribunal
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 […]
Art lawRestitution of Nazi-looted art: New law aims to facilitate enforcement of claims
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.
- EU ETS
Navigating the Complexities of the EU Emissions Trading System: The Mandate
The maritime industry’s integration into the EU Emissions Trading System (EU-ETS) in 2024 remains a challenge for shipping companies concerned: With the prospect of the many more reporting obligations and submission deadlines to come, shipowners are increasingly considering delegation options to manage MRV and EU-ETS obligations effectively. Only last week the German Administering Authority (DEHSt) […]
