Germany / 02 November 2005 / Germany, Oberlandesgericht Dresden / 11 Sch 15/05
| Country | Germany |
| Court | Germany, Oberlandesgericht Dresden (Higher Regional Court of Dresden) |
| Date | 02 November 2005 |
| Case number | 11 Sch 15/05 |
| Applicable NYC Provisions | VII | IV | VII(1) |
| Source | Original decision obtained from the registry of the Oberlandesgericht Dresden |
| Languages | English |
| Summary | Following enforcement proceedings in which the Respondent did not participate, the Oberlandesgericht (Higher Regional Court) Dresden granted enforcement of an arbitration award issued by the Vienna Commodity Exchange. The Oberlandesgericht held that it could decide on the application without conducting an oral hearing since the enforcement debtor had not requested the annulment of the arbitration award pursuant to Section 1063(2) of the German Civil Procedure Code. The Oberlandesgericht held that the arbitration award was enforceable since the Respondent had not raised any objections to enforcement, and no grounds for refusal of enforcement were apparent. The Oberlandesgericht further held that the Applicant’s application fulfilled the relevant formal requirements, as it had submitted a certified copy of the German-language arbitration award. The Oberlandesgericht stated that the applicant did not need to submit a certified copy of the arbitration agreement as required under Article IV NYC, since the same was not required under German law, which was applicable instead of Article IV NYC pursuant to the more-favorable-right provision at Article VII NYC. |
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Attachment (1)
 Original Language Adobe Acrobat PDF |
