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Arbitration Investment ArbitrationArbitrator biased: Paris CoA sets aside investment treaty award due to arbitrator’s firm’s published „no-Russia“ policy and social media likes
Introduction: On 15 January 2026, the Paris Court of Appeal (Cour d’appel de Paris, Pôle 5 – Chambre 16) issued a decision annulling a partial arbitral award rendered under the auspices of the Permanent Court of Arbitration (PCA, Case No. 2019-34). The dispute involves the expropriation of Crimean real estate assets following Russia’s occupation of […]
- Arbitration Maritime Industry
BGH confirms: An application for confirmation of the scope of an arbitral clause can be filed even if proceedings on the merits are already pending in a state court: BGH, 6 November 2025, I ZB 33/25
Case Summary and Background The dispute decided by BGH on 6 November 2025 (case ref: I ZB 33/25) arose from a complex international supply relationship involving ship engines. In 2007, a German manufacturer sold four ship engines to an Australian company, I. Ltd., which installed them in the vessel “E.”. Over time, the ship changed […]
SchiedsgerichtsbarkeitFederal Court of Justice (BGH) on the Setting Aside and Remittal of Arbitral Awards to the Original Tribunal for Re-Consideration
Introduction:In another rare decision on the setting-aside of an arbitral award, issued on 18 December 2025 (Case No. I ZB 42/25), the German Federal Court of Justice (Bundesgerichtshof, BGH) considered the appeal against the ruling by the Bavarian Supreme Regional Court (BayObLG, case no. 102 Sch 39/24 e), on which we had commented here. The […]
- Recognition of foreign decisions
Russian Court Recognizes Latvian Bankruptcy Ruling on Trademarks: A Remarkable Decision Amidst an Anti-Western Climate
IntroductionIn an environment characterized by increasing legal isolation and skepticism towards judgments from Western or so-called “unfriendly” countries, a recent ruling by the Moscow Arbitrazh Court (Case No. A40-300609/2024, published on 11 November 2025) stands out. The court confirmed the recognition of a Latvian court decision impacting high-value international trademarks, even as diplomatic relations between […]
- Schiedsgerichtsbarkeit
Rare decision: BayObLG Sets Aside Award due to Violation of Due Process and Inadequate Reasoning
Introduction:In a recent decision delivered on 2 April 2025, the Bavarian Supreme Regional Court (BayObLG case no. 102 Sch 39/24) set aside an arbitral award in a high-profile dispute concerning milestone-based earn-outs in the life sciences sector. This ruling marks an important clarification on the requirements for due process (rechtliches Gehör) and the standard of […]
UncategorizedIndirect Transactions Involving Frozen Assets under Regulation (EU) No 269/2014
Comment on General Court judgment in Case T-102/23 Introduction In a noteworthy judgment, the General Court (First Chamber) addressed the issue of indirect transactions involving frozen assets under Regulation (EU) No 269/2014 (OJ 2022, L 193, p. 133). The case (T-102/23) provides important guidance on the scope of the prohibition on disposal and the concept […]
- Recognition of foreign decisions
Is Volkswagen AG insolvent? In Russia, it is!
Introduction In recent years, cross-border insolvency and asset recovery against multinational corporations with involvement in Russia have taken on new complexity. A landmark decision by the Moscow Arbitrazh (Commercial) Court in October 2025, opening local insolvency (bankruptcy) proceedings against the German parent company Volkswagen Aktiengesellschaft (Volkswagen AG), exemplifies these developments. This article examines the case, […]
