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The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … revocation proceedings. This account is followed by a comparison of arbitration and litigation in Germany in the light of the …
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Skating Union on a doping matter. The question at issue was whether the arbitration clause in the athlete’s contract for … abuse of dominance under competition law. A lower court had – sensationally – held that the underlying arbitration clause … institutions. Yet, in this interesting opinion the Federal Supreme Court sets standards for international arbitration. This paper …
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This paper looks at the decision to settle patent litigation in Germany from a new angle by focusing on detailed data on within-trial actions and motivations by plaintiff, defendant and the courts. Using a new dataset covering about 80% of all patent litigation cases in Germany between 2000 and...
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Under the national procedural rules of most countries, judicial assistance in aid of international arbitration will be … granted only by the courts at the seat of the arbitration (absent a letter rogatory from a court of the arbitral seat to a … court in another jurisdiction). Germany, following an arbitration-friendly approach, departed from this standard practice by …
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