Arbitration analysis: The Federal Constitutional Court dismissed a limine two constitutional complaints filed by Achmea against a judgment of the Federal Court of Justice setting aside a UNCITRAL arbitration award after the CJEU’s famous Achmea judgment, holding that the complaints are inadmissible. In its surprisingly detailed reasoned decision, the court stated that Achmea did not sufficiently substantiate a legal interest in filing the complaints: the German Federal Court of Justice would be inevitably bound by the CJEU’s Achmea judgment, which was why even in the case of a successful constitutional complaint, no outcome other than a new reversal of the award could be expected. Further, the court emphasized that due to the primacy of EU law, the challenged judgment implementing EU law was not subject to a review of its compatibility with the German constitution; specifically, Achmea had failed to substantiate that any of the relevant exceptions to this rule (Solange-exception, ultra-vires) apply. Written by Dr Annekathrin Schmoll, associate attorney and Charlotte Popp (LL.M., Columbia), trainee lawyer at Gibson, Dunn & Crutcher LLP.

Loan market and developments Please provide a brief overview of the current state of the loan markets in your jurisdiction and any significant recent market developments The corporate financing market in Germany has changed noticeably, with some key trends and challenges recognisable compared to previous years: • Interest rate environment and financing costs: Compared to the zero-interest times that previously existed in Europe, interest rates remain at relatively high levels even though the European Central Bank (ECB) has already decreased central bank rates several times. Given the macroeconomic environment and specific demand in certain sectors, margins for financings increased relatively sharply in the last years and have started to fall again. However, in certain sectors, eg software, tech and business services, margins are again back to normal in a very competitive environment. The macroeconomic environment has significantly increased financing costs for companies, especially compared to the zero interest rate years that prevailed until 2021. Companies have had to adjust to more expensive credit conditions, which has increased the demand for alternative sources of financing.

Arbitration analysis: In the decision dated 11 July 2024 (Case No I ZB 34/23), the German Federal Court of Justice (BGH) clarified that the formal requirements for an arbitral award under Section 1054 of the German Code of Civil Procedure (ZPO), such as the necessity for signatures, must be examined ex officio in proceedings to set aside an arbitral award under Section 1059 of ZPO. The court held that even if a signature is missing, the award may still be valid if a reason is provided. There are no specific formal requirements for the note explaining the absence of a signature pursuant to Section 1054 (1), sentence 2 of ZPO. This decision is significant for arbitration practitioners as it emphasises the need for strict adherence to procedural formalities in arbitral awards, thereby ensuring their enforceability and the robustness of arbitration as a dispute resolution mechanism. Written by Patricia Nacimiento, partner at Herbert Smith Freehills LLP, Niclas Landmann (co-author), associate at Herbert Smith Freehills LLP and Andrés E. Alvarado-Garzón (co-author), professional support lawyer at Herbert Smith Freehills LLP.

Law360, London: A civil servant has won his claim that a refusal by his employer to allow him to work from home full-time discriminated against him as a disabled person because this was a failure to make a reasonable adjustment for his agoraphobia, claustrophobia, anxiety and mysophobia (the extreme and irrational fear of germs).

Divorce under Jewish law.

Work and Pensions Secretary, Liz Kendall, has published the Get Britain Working White Paper, marking the Government’s first major intervention to achieve an ambitious 80 per cent employment rate.

Commercial analysis: Geraint Lloyd-Taylor, partner and Co-Head of Advertising & Marketing Law at Lewis Silkin, discusses the differences in approach between the Advertising Standards Authority’s (ASA) and the Competition and Markets Authority’s approach to online discounts/savings claims, in particular ‘was/now’ pricing, or as they are sometimes called ‘reference prices’.

This guide enables organisations to better understand, measure and reduce emissions related to contracts, especially contracts with large emissions. These sustainability clauses were produced by The Chancery Lane Project

This Practice Note sets out certain key cases and associated relevant content on getting in the company's property, books, papers or records under section 234 of the Insolvency Act 1986 (IA 1986). The cases are divided by topic area and include: • the applicant • getting in the company’s property • disputes over ownership • the court’s discretion • office-holder immunity For further reading on this topic, see Practice Notes: • Basic principles—the delivery-up of information and property to the insolvency office-holder • Getting in the company’s property under section 234 of the Insolvency Act 1986 The applicant Names of parties Judgment date Case summary Relevant content Smith (Administrator of Cosslett (Contractors) Ltd) v Bridgend County Borough Council [2001] UKHL 58, [2001] All ER (D) 118 (Nov) 8 November 2001 IA 1986, s 234 provides a summary remedy enabling an office-holder to carry out their functions and collect property to which the company appears to be entitled without determining title.Given

This Practice Note considers section 234 of the Insolvency Act 1986 (IA 1986) which enables office-holders to obtain the company’s property, books, papers or records (including those in electronic form). For key cases and associated relevant content, see Practice Note: Getting in the company's property under section 234 of the Insolvency Act 1986—key cases. The applicant An application under IA 1986, s 234 may be made by: • an administrator • an administrative receiver • a liquidator, or • a provisional liquidator The application is made to an Insolvency and Companies Court Judge or District Judge in the High Court. Given that it is a cause of action personal to the office-holder, the application is made in the name of the office-holder. An application should not be made ex parte unless giving the respondent an opportunity to be heard is likely to cause the applicant injustice and the court is satisfied that damage to the respondent could be compensated by a cross-undertaking. Pursuant

In recent years the concept of Legal Project Management (LPM) has really started to gain traction in the legal world. This Practice Note provides an introduction to the concept of LPM and looks at: • what LPM is and how it can help in-house lawyers • the phases of legal project management and what happens in each stage • how to get started with LPM This Practice Note can be read in conjunction with Practice Note: Legal project management: A step-by-step guide. Further guidance around project management generally can be found in the Project management subtopic. What is Legal Project Management (LPM)? Quite simply it is the application of project management principles to the legal world. Project management first emerged in the 1950s and has its roots in the engineering and construction industries. Over the decades, its usefulness was recognised beyond the realms of heavy industry, and it was adopted across many business sectors, including IT, finance, and professional services. Today, project management is seen as a vital business

DR analysis: Mr Justice Jay upheld an appeal against a decision that a lease was forfeit, on the basis that the s 146 notice had not provided the correct information as to the nature of the breach, which the court had earlier adjudicated upon. The judgment demonstrates yet again, with some illustration, the importance of getting these notices right if you want an effective forfeit.