Justice - Hamburg court gets special senate for business
After the Bundestag decision on the so-called Commercial Courts, Hamburg intends to establish three of these courts, which are also conducted in English, for the resolution of significant civil law economic disputes. "The high level of specialized expertise of the independent judges, process conduct in English, and particularly swift justice (...) are just some of the numerous advantages that make the legal location Hamburg interesting for larger international economic dispute proceedings," said the President of the Hanseatic Higher Regional Court, Marc Tully. The three first-instance special senates will be set up at the Higher Regional Court. There is only one appellate instance.
According to the Bundestag resolution on Wednesday, economic civil cases with a value in dispute of at least 500,000 Euro can be conducted first-instance at the Commercial Courts, provided that the parties agree to the jurisdiction of such a court. The parties can choose between German and English as the procedural language. Against decisions of the Commercial Courts, a revision at the Federal Court of Justice (BGH) is possible. If the competent senate at the BGH agrees, conduct of the proceedings in English is also possible there.
Hamburg's Justice Senator Anna Gallina welcomed the decision, which can build up Hamburg as a judicial location. "This is an important signal that aligns with the needs of different parties in international economic dispute proceedings," said the Green politician. The establishment of a Commercial Court means for Hamburg, "that we can be part of an international competition and hold our own ground." This is an enormously important and good step into the future.
The company might find Hamburg's Commercial Courts appealing due to the Bundestag resolution, as it allows for significant economic disputes worth at least 500,000 Euro to be resolved there in English. Further trade agreements could potentially be facilitated by this justice system, strengthening Hamburg's position as a global hub.
