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Tenth Anniversary Post: Peter Bert on the Future of IJA
Ted’s invitation to share some thoughts about the future of international judicial assistance (IJA) comes at a time when I experience, for the first time, a step backwards in that field: The Brexit Deal between the European Union and the United Kingdom, which in my view is a “sectoral hard Brexit” for civil judicial assistance.……
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Peter Bert on Damages for Violations of Choice of Court Agreements in Germany
Friend of Letters Blogatory Peter Bert brings us a report of a very recent case from the Bundesgerichtshof on the question of damages for violations of a choice of court agreement. Peter has cross-posted this on his blog, Dispute Resolution in Germany. In a judgment last week, the Federal Supreme Court (Bundesgerichtshof) has found a……
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Compelling German Third-party Witnesses to Testify in US Litigation
IJA Brigade member Peter Bert is back with a practical piece on procedure under the Hague Evidence Convention in Germany. This is cross-posted from Peter’s blog. In US-German disputes, the question often arises whether a party in US litigation can compel a third-party witness who is a German resident and does not volunteer to testify……
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German Federal Constitutional Court: Risk of Punitive Damages No Reason to Prevent Service of U.S. Action
IJA Brigade member Peter Bert reviews a new case from the German Constitutional Court on service of process under the Hague Service Convention when the underlying US litigation involves a claim for punitive damages. In a ruling in January 2013, the Federal Constitutional Court (Bundesverfassungsgericht) confirmed its approach to service of US actions in Germany……
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The Hague Service Convention, Default Judgments, and Deemed Service under German Law
IJA Brigade member Peter Bert has a very interesting post today on the Hague Service Convention under German law. In a series of new cases, the Bundesgerichtshof has held that only the initial document, not later documents, must be served in accordance with the Convention. This view is in accord with the the view of……