Women Arbitrators in Germany: DIS Publishes 2016 Gender Balance Statistics

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dis-logoLast month, the German Institution of Arbitration (DIS) published its 2016 gender Balance statistics on DIS arbitral tribunals:

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Case of the Week: Federal Supreme Court on Arbitrability of Shareholder Disputes – “Arbitrability III”

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SRCoLDIn a recent decision, the Federal Supreme Court (Bundesgerichtshof) has held that shareholder disputes, and in particular challenges to shareholder resolutions (Beschlußmängelstreitigkeiten) in a limited partnership (Kommanditgesellschaft) are arbitrable in principle. The standards governing the arbitrability of disputes of that nature in the limited liability company (GmbH) apply to partnerships as well. The Federal Supreme Court refers to this decision as “Arbitrability III” (“Schiedsfähigkeit III”), so let’s briefly look at “Arbitrability I” and “Arbitrability II” to put this this decision into context: Continue reading

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American Bar Association: Call for Top 100 Blawg Nominations

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HallofFame200pxV3There are still things in the United States I envy. Certainly, one of these is the thriving legal blogosphere – they have so many legal blogs over there, they even created a neologism for them: blawgs.

Every year since 2007, the American Bar Association’s ABA Journal has assembled a list of their 100 favorite blawgs for the December issue.

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Frankfurt vs London – Brexit: An Opportunity for Frankfurt to Become a New Hub of Litigation in Europe?

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Eintracht_Frankfurt_Logo_svgEintracht Frankfurt has had a great run in the first half of the current Bundesliga season, eying a spot in next season’s Europa League or, behold, even a Champions League slot. So matches between Frankfurt and one of the London teams appeared a real possibility. More recently, Eintracht’s losing streak of five straight matches has cast some doubt over these ambitions, even though the team just about manage to hold on to a Europa League Slot for now. But of course, there’s the Brexit-induced battle between London and Frankfurt for the lead role in the European financial services sector that will go ahead in any event. Continue reading

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Speeding Up Arbitration: New ICC Expedited Rules In Force

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ICC Court of Arbitration LogoThe ICC has introduced new rules for expedited proceedings that apply to all arbitration agreements entered into from March 1, 2017 onwards. With that step, the ICC is following other leading international arbitral institutions that have introduced similar expedited rules, such as ACICA, DIS, HKIAC, ICDR, SCC, SIAC, and the Swiss Rules. Continue reading

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German Institution of Arbitration: Model Arbitration Clause for ISDA Master Agreement

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dis-logoThe German Institution of Arbitration (DIS) has issued a model arbitration clause specifically tailored for use with the 2002 ISDA Master Agreement, the financial industry standard service agreement for OTC derivatives transactions. DIS views this as “yet another step in broadening the DIS’s portfolio for different industry sectors and attracting new domestic and international users.” Here’s a closer look: Continue reading

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Goethe Universität Frankfurt: German & International Arbitration, Summer Term 2017

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1200px-Goethe-Logo_svgGoethe University’s law school again offers a Summer Programme on German and International Arbitration. Here is from the course description: Continue reading

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Sports Law: Update on the Pechstein Case

220px-Claudia_Pechstein_2008Regular readers of this blog will have followed our coverage of the Pechstein case, which, for the time being, came to an end with the June 2016 decision of the Federal Supreme Court (Bundesgerichtshof), which held that the court of Arbitration for Sport (CAS) was a “proper” arbitral tribunal. Continue reading

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