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Germany / 11 January 1978 / Landgericht Zweibrücken / 6.0 H 1/77

Country	Germany
Court	Germany, Landgericht Zweibrücken
Date	11 January 1978
Case number	6.0 H 1/77
Applicable NYC Provisions	II | II(2)
Source	Original decision obtained from the registry of the Landgericht Zweibrücken
Languages	English
Summary	The parties concluded a sales contract providing for arbitration before the Netherlands Hide and Leather Exchanges Association in Rotterdam. The contract was concluded on the basis of a sales confirmation that had been sent by the Seller, and signed and returned by the Buyer. Following non-payment by the Buyer, the Seller initiated arbitration proceedings in Rotterdam, in which the Buyer refused to take part for the alleged lack of a valid arbitration agreement. The Seller obtained a favourable award and sought enforcement in Germany. The Landgericht (Regional Court) Zweibrücken granted enforcement, holding that contrary to the Buyer’s allegation, the parties had concluded a valid arbitration agreement that was contained in a sales confirmation which constituted an “agreement in writing” within the meaning of Article II NYC. The Landgericht further explained that although the document was signed only by the Buyer, it was preceded by an exchange of letters that amounted to a written agreement.
see also :	II / 2. ANALYSIS (II) / ARTICLE II(2) / c. Whether the signature requirement applies to an exchange of documents / §55
Link to the record	https://newyorkconvention1958.org/index.php?lvl=notice_display&id=925&opac_view=6

Attachment (1)

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