Tobias Meyer

Tobias Meyer focuses his practice on litigation & dispute resolution matters. During his legal clerkship, Tobias gained valuable experience at two international commercial law firms in Düsseldorf in the area of litigation and arbitration as well as at the German-Irish Chamber of Industry and Commerce in Dublin. As a research assistant, he worked for several years at an internationally active German commercial law firm in the area of corporate law.

Inadmissibility of a Judicial Annulment of an Arbitral Award After Unconditional Payment

By and on Apr 22, 2024
Posted In Arbitration

In a recent decision, the German Federal Court of Justice considered whether a party convicted in the course of arbitral proceedings can demand the annulment of an arbitral award by a state court if the same party has in the meantime already unconditionally fulfilled the obligation pronounced by the arbitral tribunal. In this decision, the...

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Provision to Curb “Torpedo Actions” also Applies to Asymmetrical Jurisdiction Agreements

By , and on Feb 13, 2024
Posted In Court Judgment, Transportation & Logistics, Germany

In summer 2021, the German Federal Court of Justice ruled on a dispute between the insolvency administrator of the airline Air Berlin and its main shareholder Etihad Airways over millions in damages that had been going on for several years. From a procedural point of view, the Federal Court’s findings on so-called “torpedo actions” are...

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D&O Insurances and Acting Board Members have the Same Burden of Proof in Direct Proceedings with the Injured Company

By , and on Feb 10, 2024
Posted In Court Judgment, Germany

In a recent decision, the Higher Regional Court of Cologne dealt with the extremely topical issue of the distribution of the burden of proof in a direct lawsuit brought by a company against its D&O insurer. The Decision of the Higher Regional Court of Cologne In the case decided by the Higher Regional Court of...

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Executive Board and Managing Directors Not Personally Liable for Anti-Trust Fines Imposed on Company

By , and on Feb 8, 2024
Posted In Court Judgment, Germany

In summer 2023, the Higher Regional Court of Düsseldorf ruled that board members and managing directors are not personally liable for fines imposed on a company. The Decision of the OLG Düsseldorf The case in question concerned recourse claims by two stainless steel companies against their former board member due to his involvement in a...

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