Germany / 10 May 1984 / Germany, Bundesgerichtshof / III ZR 206/82
| Country | Germany |
| Court | Germany, Bundesgerichtshof (Federal Court of Justice) |
| Date | 10 May 1984 |
| Case number | III ZR 206/82 |
| Applicable NYC Provisions | VII | VII(1) |
| Source | BGH |
| Summary | This is one of two decisions handed down by the Bundesgerichtshof (Federal Supreme Court) in 1984 by which it accepted the American doctrine of merger in Germany (for the other decision, see link below). The Petitioners obtained a favorable award under the American Arbitration Association Rules. The New York Supreme Court confirmed the judgment and declared it enforceable, and dismissed the Respondent's recourse against the judgment. The German Court of First Instance and Oberlandesgericht (Higher Regional Court) Karlsurhe declared the award enforceable. The Bundesgerichtshof granted the Petitioners the choice between having either the exequatur judgment or the award declared enforceable where an award is rendered in a jurisdiction following the doctrine of merger. It held that a party who has obtained a leave for enforcement in the country of origin of the arbitral award, has for the recognition and enforcement a choice between the arbitral award and the judgment declaring the award enforceable, even if the award had merged into the judgment (the doctrine of merger in Anglo-American law). The Court reasoned that the effect of a such decision of a foreign court could not exclude the enforcement of the award under the relevant provision of the German Civil Procedure Code. German law was applicable, reasoned the Court, in virtue of the more-favorable-right provision at Article VII(1) NYC. |
| affirmed by : | |
| see also : |
Attachment (1)
 Original Language Adobe Acrobat PDF |
