Germany, Landgericht Bremen
Available documents (3)
sorted by (Publication date descending, Resource ascending) Add to selection
Quick view
Refine your search
Germany / 20 January 1983 / Landgericht Bremen / 12-O-184/1981
Country Germany Court Germany, Landgericht Bremen Date 20 January 1983 Case number 12-O-184/1981 Applicable NYC Provisions V | V(1)(b) Source Original decision obtained from the registry of the Landgericht Bremen Languages English Summary The Grain and Feed Trade Association (GAFTA) in London rendered an award in favour of a Portuguese company against a German company which had entered bankruptcy proceedings during the course of the arbitral proceedings. The Portuguese company sought enforcement in Germany. The Landgericht (Regional Court) Bremen refused to declare the award enforceable under Article V(1)(b) NYC finding that the German company had not been given the opportunity to present its case in the arbitration proceedings since it had not been informed of the Portuguese company’s arguments in the arbitration. According to the Landgericht Bremen, only providing the opportunity to a party to submit documents relating to a disputed contract or to give its view, without knowledge of the opponent’s arguments, did not sufficiently satisfy the party’s right to be heard. Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=923&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDF
Country Germany Court Germany, Landgericht Bremen Date 08 June 1967 Case number 11-OH 11/1966 Applicable NYC Provisions II | V | II(2) | V(1)(a) Source Original decision obtained from the registry of the Landgericht Bremen Languages English Summary In relation to a sales contract, the Seller sent a confirmation letter to the Buyer, which contained an arbitration clause providing for arbitration at the Court of Arbitration of the International Wool Textile Organization (IWTO) in Paris. The Buyer, in turn, sent its own confirmation letter to the Seller referring to the application of the conditions of the Association of Wool Commerce of Bremen. After a dispute arose, the Seller initiated arbitration proceedings with the Court of Arbitration of the IWTO and obtained a favorable award. The Buyer had refused to participate in the proceedings, contending that the parties had agreed to arbitration under the rules of the Association of Wool Commerce of Bremen rather than those of the IWTO. The Seller sought enforcement of the award in Germany. The Landgericht (Regional Court) Bremen declared the award enforceable finding that the award was binding on the parties as the law of the seat excluded any possibility of appeal. Further, the Landgericht held that enforcement could not be refused under Article V(1)(a) NYC since the parties had exchanged letters after the dispute arose concurring on the competence of the arbitral institution which had eventually issued the award. Moreover, the Landgericht held that the conclusion of the arbitration agreement by way of an exchange of letters fulfilled the form requirements under Article II(2) NYC. Finally, the Landgericht also found that the award did not violate German public policy under Section 1044(2) No. 2 German Civil Procedure Code and that the Buyer’s right to be heard under Section 1044(2) No. 4 German Civil Procedure Code had also not been violated since it had been the Buyer’s own decision not to take part in the proceedings. Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=916&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDF
Country Germany Court Germany, Landgericht Bremen Date 16 December 1965 Case number 12-OH 2/1965 Applicable NYC Provisions VII | II | VII(2) | VII(1) | II(2) Source Original decision obtained from the registry of the Landgericht Bremen Languages English Summary The Buyer imported honey from the Seller. Following a request from the Buyer, the Seller shipped certain quantities of honey and asked the Buyer to sign a contract calling for the resolution of all disputes in accordance with the Arbitration Rules of the Dutch Association for the Trade in Tropical Fruit and Spices. The Buyer did not sign the contract form, and informed the Seller that it would refuse the goods and not make the payment. The Seller obtained a favourable arbitral award against the Buyer in Rotterdam and sought enforcement in Germany. The Landgericht (Regional Court) Bremen denied the Seller’s request to declare the award enforceable under Article V(1)(a) NYC for lack of an arbitration agreement in writing. The Landgericht noted that Article II(2) NYC required the arbitration agreement to take the form of a clause in a contract or otherwise be signed by the parties or contained in an exchange of letters or telegrams. It considered that the Seller’s form contract containing the arbitration agreement, however, had not been accepted by the Buyer. The Landgericht further held that pursuant to Article VII (2) NYC, the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927 did not apply because that treaty had ceased to have legal effect for both Germany and the Netherlands from when the NYC became binding on both countries. The Landgericht, however, found that German procedural law could apply in accordance with Article VII(1) NYC. Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=917&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDF
