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Application of foreign law - making proceedings efficient thanks to the new Hamburg Guidelines
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Shock, rigidity, fear. That seems to be the state in which many judges find themselves when they have to apply foreign law.
Judge Friedrich Meier (fictional name) was no exception. As an experienced jurist, he had already resolved many difficult cases, but the prospect of having to apply foreign law in the context of a German-Spanish inheritance case made his heart beat faster and gave him beads of sweat on his brow.
The Judge's Nightmare
The current case was a nightmare. It involved a complex dispute between a German family and a Spanish family who had a substantial inheritance to share. Lawyers on both sides had based their arguments on the applicability of their respective national laws, and Judge Meier was certain this would lead to an insurmountable conflict
While reading the pleadings, Judge Meier suddenly came across a statement from the German family's attorney. In this submission, the lawyer cited the new Hamburg Guidelines from the Max Planck Institute for Comparative and International Private Law.
Judge Meier had never heard of these guidelines, but his interest was piqued. He began to study the submission from the German family's lawyer attentively. The lawyer had effectively incorporated the guidelines into his argument and explained how they could assist in resolving the complex German-Spanish inheritance case. It became clear that the guidelines provided a clear methodology for identifying and applying foreign legal norms, enabling Judge Meier to steer the proceedings confidently and impartially.
More Efficient Proceedings
Judge Meier was impressed by the thorough work done by the lawyer. With the guidelines as a guiding principle, he could finally gain clarity, provide clear procedural guidance, and later make a well-founded and procedurally correct decision.
This story I have invented summarizes the lectures and speeches given at the presentation of the guidelines in the plenary hall of the Hamburg Higher Regional Court on October 9, 2023.
The new Hamburg Guidelines are intended not only to help navigate through complex international cases but also to strengthen confidence in the application of foreign law. They are meant, and will, in my conviction, prevent judges from falling into shock, rigidity, and fear when confronted with foreign law, ensuring a structured approach based on clear guidelines, guaranteeing an efficient process and promoting sound decisions.
Participating in the presentation and the subsequent reception has been a great pleasure for me, and I am confident that the new guidelines will provide assistance in significantly expediting and improving procedures with foreign elements, which dominate my practice almost exclusively.
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