Letters Blogatory

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

Posts by Peter Bert

Tenth Anniversary Post: Peter Bert on the Future of IJA

Posted on January 13, 2021

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. Ever since I attended law school, international judicial assistance progressed in scope and territorial reach, primarily within Europe: The European Union was on a path towards deeper integration on all levels, including the IJA regime: Starting with the Brussels Convention, moving on to the Brussels Regulation and then to Brussels Recast with automatic recognition of judgments.

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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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