Arbitrators and tribunal-appointed experts are at all times obliged to disclose any and all circumstances that might give rise to doubts as to their impartiality and independence. This is one of the…
As the world marched in support of global action on climate change, the German DIS40/below 40 arbitrators' group showed its support for the cause at a conference on Arbitration and Climate Change on…
The principle of res judicata is a universal principle recognized by the legal systems of all civilized nations. The res judicata principle should be applied by arbitral tribunals as the arbitral…
The concept of attorney-client privilege is a unique creation of common-law jurisdictions which has influenced all types of legal regimes over the world. Common-law regimes developed such a concept…
The new arbitration rules of the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit - “DIS”) will enter into force on 1 March 2018 (“DIS Rules 2018”).
It is the first…
INTRODUCTION
Germany is considered as one of the most arbitration friendly jurisdictions in Europe if not world-wide, not least because the 1998 arbitration law is almost a verbatim translation of…
In June 2017, the Fourth European Anti-Money Laundering Directive (the "Fourth EU Directive" (EU) 2015/849) was transposed into German law. The regime was further tightened, its scope was extended…
Since 1 January 2017, national and international media companies can initiate arbitration proceedings with the German Media Arbitral Tribunal (Deutsches Medienschiedsgericht – “DMS”). The DMS, which…
Criticism of the Investor State Dispute Settlement (“ISDS”) system is common these days. Protesters demonstrate against “secretive tribunals of highly paid corporate lawyers” as which the mainstream…
On 6 December 2016 the German Constitutional Court (GCC) delivered its judgment in the case of Vattenfall and other nuclear power energy companies against Germany.
This dispute and final judgment –…
