The 3 June 2024 marks a big step in the implementation of the EU ETS for shipping in Germany. Maritime Operator Holding Accounts (MOHA’s) in the German Section of the Union Registry can finally be opened! This comes long after the envisioned deadline of 40 days within the publication of “the list” of Shipping Companies […]
Die Themen
Robbed of Their „Oomph“: Ronald Perelman’s $410M Insurance Claim Over allegedly Fire-Damaged Artworks
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 […]
Ping-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 […]
Welcoming 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. Text of the Advisory Opinion can be found here. Introduction The International Tribunal, an independent judicial body established […]
Russian 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) The court cited Government Decree No. 430-r of March 5, 2022, which listed „unfriendly […]
Is it still possible to serve documents in Russia under the Hague Convention or can the German court go straight to public service?
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 […]
No 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 […]