The concept of a global claim is well-established in common law jurisdictions. It is based on the assumption that a claim can be made without the need to prove causation between a risk event and the ensuing loss. At first glance the idea of ignoring the causation requirement may seem startling and a civil lawyer might instinctively respond, “no, the concept of a global claim is not recognised in the civil law world”. However, as always, it is worth taking a closer look. While common law imposes stringent criteria for accepting global claims, civil law recognises the possibility for estimating claim quantum where a definitive determination proves impossible or is disproportionately challenging – for example, section 287 of the German Code of Civil Procedure (Zivilprozessordung, hereafter ZPO) and section 42 of the Swiss Code of Obligations. Though distinct in nature, a comparative analysis suggests that both concepts are two sides of the same coin.

The following article – a translation of a paper originally published in German law journal SchiedsVZ *** and summarised in the Kluwer Arbitration Blog**** – delves into this intriguing subject. The authors: (i) scrutinise the concept of a global claim from a German legal perspective; (ii) explain the concept of estimation under civil law; and (iii) compare the similarities and differences of both concepts. Stay tuned for a thought-provoking exploration of this unknown territory.