GERMANY Trends and Developments Contributed by: Kevin B. Villwock and Niklas Melljes, BridgehouseLaw Germany
to digital infrastructure, or limitations on participation may raise concerns regarding the right to a fair hearing and the principle of equality of arms. Furthermore, issues may arise in relation to the reliabil- ity of electronic evidence, the effectiveness of digital service of process, and the proper documentation of procedural steps. German courts may therefore need to assess whether the procedural safeguards applied in the foreign proceedings adequately protected the parties’ fundamental rights. Although the mere use of online proceedings does not preclude recognition, deficiencies affecting funda - mental procedural guarantees may become relevant under the ordre public exception and may, in excep - tional circumstances, justify a refusal of recognition. (iii) Recognition and the international jurisdiction of US courts A further challenge concerns the international jurisdic - tion of the foreign court. Section 328 ZPO precludes recognition if the foreign court lacked international jurisdiction according to German standards. The provision is intended to prevent the recognition of judgments based on excessively broad assertions of jurisdiction, particularly certain forms of so-called long-arm jurisdiction. Long-arm jurisdiction allows US courts to exercise jurisdiction over persons located outside the forum state where sufficient connections exist with that state. Before seeking recognition in Germany, it is therefore essential to examine whether the foreign court’s exer - cise of jurisdiction would be considered acceptable under German (EU-harmonised) standards.
(iv) Conclusion The recognition of foreign judgments has become an indispensable element of modern cross-border com - merce and dispute resolution. While the European Union has established a highly efficient system based on mutual trust and the free circulation of judgments, recognition of judgments from third countries contin - ues to depend largely on international conventions and domestic law. German recognition law seeks to strike a balance between facilitating international legal co-operation and safeguarding fundamental principles of justice. Recent developments, including the reform of the AVAG and the increasing digitalisation of judicial pro - ceedings, demonstrate a clear trend towards greater efficiency and procedural modernisation. At the same time, questions of procedural fairness, international jurisdiction, and public policy remain central to the recognition process. The example of US judgments illustrates that, despite differences between legal systems, German courts generally adopt a recognition-friendly approach. Where funda - mental procedural guarantees are respected, foreign judgments can increasingly circulate across borders and thereby contribute to legal certainty in an inter - connected global economy.
194 CHAMBERS.COM
Powered by FlippingBook