Entries by Matthias Weller

Does the occurrence of purely financial damage in a Member State justify in itself the jurisdiction of the courts of that State pursuant to Article 5 (3) of Regulation No 44/2001?

by Lukas Schmidt, Research Fellow at the Center for Transnational Commercial Dispute Resolution (TCDR) of the EBS Law School, Wiesbaden, Germany. Universal Music, a record company established in the Netherlands, acquired the Czech company B&M in the course of 1998. The contracts providing for the sale and delivery of B&M’s shares were drawn up by […]

UNCITRAL – Heading for an International Insolvency Convention?

by Lukas Schmidt, Research Fellow at the Center for Transnational Commercial Dispute Resolution (TCDR) of the EBS Law School, Wiesbaden, Germany. UNCITRAL Working Group V (Insolvency Law) has issued a report on the work of  its forty-ninth session, which took place in New York from 2 – 6 May 2016. The Working Group continued its deliberations on […]

Job Opening: Research Fellow (Wissenschaftliche/r Mitarbeiter/in) in Private International Law / Transnational Commercial Law at the EBS Law School, Wiesbaden (Germany)

The EBS Law School in Wiesbaden, Germany, is looking for a highly skilled and motivated research fellow on a part-time basis (50%). The position will entail research within the team of the Chair for Civil Law, Civil Procedure and Private International Law (Prof. Dr. Matthias Weller, Mag.rer.publ.) and within the EBS Research Center for Transnational […]

German Federal Court of Justice (Bundesgerichtshof) rules on the validity of arbitration agreements (Claudia Pechstein)

  by Lukas Schmidt, Research Fellow at the Center for Transnational Commercial Dispute Resolution (TCDR) of the EBS Law School, Wiesbaden, Germany. Claudia Pechstein, an internationally successful ice speed skater, claims damages against the International Skating Union (ISU) because of a two-year-suspension for doping. The essential question was whether an arbitration agreement signed by Pechstein is effective. This agreement includes amongst other things the […]

German Federal Court of Justice (Bundesgerichtshof) requests ECJ to give a ruling on the validity of arbitration agreements in Bilateral Investment Treaties amongst Member States

Slovakia and the Netherlands concluded a BIT in 1992 which included an arbitration agreement for disputes between foreign investors and one of the contracting parties. Slovakia became a EU member state in 2004. Later, a health insurance company from the Netherlands that had operated on the Slovakian market obtained an award from an arbitral court […]