Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts by Peter Bert

Peter Bert on Damages for Violations of Choice of Court Agreements in Germany

Posted on October 30, 2019

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 US party liable for damages for bringing an action against its German contractual counterparty in the US in violation of an agreement on the jurisdiction of the German courts. With this judgment, the Federal Supreme Court decided an issue that so far had been controversially debated in the German legal literature. Until this decision, it was not clear whether the violation of a choice of court agreement does not…

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Germany’s Position on Pre-Trial Discovery Softens!

Posted on January 27, 2017

Peter Bert, of Taylor Wessig, with important developments from Germany on execution of requests under Article 23 of the Hague Evidence Convention. This is cross-posted at his blog, Dispute Resolution in Germany. You read it here first, back in 2013, but at the time with a question mark, and then again in 2014 and 2015. Finally, 2017 is the year it is actually going to happen: Germany is about to change its approach to discovery of documents under the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, commonly known as the Hague Evidence Convention. The bill that would remove Germany’s reservation pursuant to Article 23 of the Convention has been introduced into Parliament. It passed the…

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Deposing Third Party Witnesses in Germany: The Same, but Different

Posted on August 29, 2013

Peter Bert follows up on his post from last week about the practice under the Hague Evidence Convention in Germany. For American lawyers, it’s obviously important to understand what will happen once your letter of request makes its way to Germany. But it’s also important to bear in mind how the US court will treat the result of an executed letter of request. Some key issues to look at: FRCP 28(b)(4), which provides that “[e]vidence obtained in response to a letter of request need not be excluded merely because it is not a verbatim transcript, because the testimony was not taken under oath, or because of any similar departure from the requirements for depositions taken within the United States;” and FRE 804(b)(1), which provides…

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