On 23 January 2025, the German Federal Court of Justice (BGH) confirmed the enforceability of a domestic award on agreed terms and thereby rejected the public policy concerns raised by the respondent. The BGH in particular found that the applicant’s conduct could neither be regarded as immoral within the meaning of Section 826 German Civil Code (BGB), nor as a violation of the principle of nemo tenetur se ipsum accusare (no one is obliged to incriminate himself).
https://schmitzpartner-ffm.de/wp-content/uploads/2018/01/logo_schmitz-partner-ffm.png00Schmitz & Partnerhttps://schmitzpartner-ffm.de/wp-content/uploads/2018/01/logo_schmitz-partner-ffm.pngSchmitz & Partner2025-07-30 17:43:082025-09-12 14:50:42German Federal Court of Justice upholds enforceability of arbitral award despite possible violation of nemo tenetur principle and immorality (Section 826 German Civil Code)
In March 2025 we had the wonderful opportunity to welcome the Vis Moot Teams Bayreuth, Frankfurt, Heidelberg and Mainz for two rounds of excellent pleadings. It was a pleasure to get to know the teams and our fingers are crossed for the upcoming competition!
https://schmitzpartner-ffm.de/wp-content/uploads/2025/04/vis-moot-1.webp340910Schmitz & Partnerhttps://schmitzpartner-ffm.de/wp-content/uploads/2018/01/logo_schmitz-partner-ffm.pngSchmitz & Partner2025-03-25 17:36:552025-09-12 14:51:35Willem C. Vis Moot at Schmitz & Partner
There are currently serious deficiencies in the legal protection function of D&O insurance. Although general insurance terms and conditions now consistently stipulate that the insurer is only released from liability after a legally binding determination of a knowing breach of duty by the insured person, coverage of legal defense costs is still refused in individual cases on the grounds that the insurer was deceived at the time of conclusion or extension of the contract because the insured person had already knowingly breached obligations at that time.
https://schmitzpartner-ffm.de/wp-content/uploads/2018/01/logo_schmitz-partner-ffm.png00Schmitz & Partnerhttps://schmitzpartner-ffm.de/wp-content/uploads/2018/01/logo_schmitz-partner-ffm.pngSchmitz & Partner2025-03-24 13:12:562025-09-12 14:52:12Newsletter 01/2025 – Significant deficiencies in the legal protection function of the D&O
German Federal Court of Justice upholds enforceability of arbitral award despite possible violation of nemo tenetur principle and immorality (Section 826 German Civil Code)
/in S&P News/by Schmitz & PartnerOn 23 January 2025, the German Federal Court of Justice (BGH) confirmed the enforceability of a domestic award on agreed terms and thereby rejected the public policy concerns raised by the respondent. The BGH in particular found that the applicant’s conduct could neither be regarded as immoral within the meaning of Section 826 German Civil Code (BGB), nor as a violation of the principle of nemo tenetur se ipsum accusare (no one is obliged to incriminate himself).
Willem C. Vis Moot at Schmitz & Partner
/in S&P News/by Schmitz & PartnerIn March 2025 we had the wonderful opportunity to welcome the Vis Moot Teams Bayreuth, Frankfurt, Heidelberg and Mainz for two rounds of excellent pleadings. It was a pleasure to get to know the teams and our fingers are crossed for the upcoming competition!
Newsletter 01/2025 – Significant deficiencies in the legal protection function of the D&O
/in Newsletter/by Schmitz & PartnerThere are currently serious deficiencies in the legal protection function of D&O insurance. Although general insurance terms and conditions now consistently stipulate that the insurer is only released from liability after a legally binding determination of a knowing breach of duty by the insured person, coverage of legal defense costs is still refused in individual cases on the grounds that the insurer was deceived at the time of conclusion or extension of the contract because the insured person had already knowingly breached obligations at that time.