englischThe publication examines methods for dealing with the taking of evidence in mass actions that pursue multiple uniform claims. Such mass actions present a significant challenge for the judiciary. The author discusses the possibilities of sampling in procedural law de lege lata and develops a [...]

englischThe number of civil lawsuits filed in Germany has been declining significantly for more than 20 years. In the period from 2005 to 2019, they fell by around one-third at the local courts and regional courts. If we refer to the period from 1995 to 2019, the number of incoming cases at the [...]

englischWith the introduction of the new provision of Section 278 (6) of the Code of Civil Procedure in 2001, the so-called settlement by resolution was incorporated into the Code of Civil Procedure, thus creating the possibility of concluding court settlements outside the oral proceedings. In [...]

englischMediation has become increasingly popular internationally in the recent past. The increased interest is also reflected in the Singapore Convention adopted by the United Nations in 2019. However, a critical assessment regarding the compatibility of regulation and the free, flexible nature of [...]

englischThis book examines how the right to a fair hearing of foreign litigants can be preserved in the face of the progressive digitalisation of national judicial systems. While the classical approach of international civil procedure law relies primarily on the written form, we find an advanced [...]

englischA glance at legal traditions in Common Law reveals that representation by a lawyer in civil proceedings, particularly a mandatory requirement to be represented as it is common in Civil Law, is not self-explanatory. The possibility of representing oneself in court is regarded as a basic right [...]

englischLegal tech companies acting as collection agencies have conquered the legal services market in Germany with a new kind of class action. This work takes a comprehensive look at the admissibility of these business models. In addition, it demonstrates their importance for collective redress by [...]

englischThe study focuses on the provision of Section 1051 of the German Code of Civil Procedure and its relationship to state collision law. The author addresses the question of the extent to which parties can determine the rules of law relevant for the decision on the merits when they enter into [...]

englischFor international commercial disputes, international commercial arbitration and the CISG together can provide a neutral platform. However, it is unclear whether arbitrators are bound by the CISG. This thesis first examines the legal nature of the CISG's application rules, finding that they [...]

englischAfter the reform is before the reform: the search is on for a successor to the model declaratory action, which was only introduced in 2018 and is neither suitable for dealing with mass cases nor for implementing the Representative Actions Directive. The author proposes the introduction of an [...]