Germany / 27 March 1984 / Bundesgerichtshof / IX ZR 24/83
Country | Germany |
Court | Germany, Bundesgerichtshof (Federal Court of Justice) |
Date | 27 March 1984 |
Case number | IX ZR 24/83 |
Source | BGH |
Summary | A U.S. Exporter obtained a favorable award under the American Arbitration Association Rules and applied to the New York State Supreme Court for confirmation. A German Importer did not raise objections and the New York State Supreme Court declared the award enforceable. The U.S. Exporter applied for enforcement in Germany. The Bundesgerichtshof (Federal Supreme Court) affirmed the decisions of the Landgericht (Court of First Instance) Frankfurt and the Oberlandesgericht (Regional Court) Frankfurt, recognizing the American common law merger doctrine and granting enforcement of the New York State Supreme Court judgement. This was one of two decisions handed down by the Bundesgerichtshof in 1984 by which it accepts the doctrine of merger in Germany (for the second decision, see link below). |
reversed by : | |
see also : |
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