Germany / 07 November 2005 / Germany, Oberlandesgericht Dresden / 11 Sch 07/04
| Country | Germany |
| Court | Germany, Oberlandesgericht Dresden (Higher Regional Court of Dresden) |
| Date | 07 November 2005 |
| Case number | 11 Sch 07/04 |
| 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 the application for declaration of enforceability of the 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 Respondent 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 to be declared 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 also met the relevant formal requirements, as it had supplied 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 and, 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 |
