Germany / 16 December 1992 / Germany, Oberlandesgericht Köln / 16 W 43/92
| Country | Germany |
| Court | Germany, Oberlandesgericht Köln (Higher Regional of Köln) |
| Date | 16 December 1992 |
| Case number | 16 W 43/92 |
| Applicable NYC Provisions | II | VII | II(2) | VII(1) | II(1) |
| Summary | The Claimant sought the enforcement of an arbitral award obtained on the basis of the General Conditions of Sale contained in the Parties' contract, which expressly referred to the ECE 188 standard contract containing an ICC arbitration clause. The Claimant had sent a confirmation order to the Defendant, which contained the General Conditions but not the ECE contract. Enforcement was refused at First Instance on the grounds that there was no valid agreement in accordance with Article II(2) NYC. The Oberlandesgericht (Higher Regional Court) Cologne reversed the First Instance decision and granted enforcement, holding that an arbitration agreement may be tacitly concluded between merchants under German law, which applies on the basis of the more-favorable-right rule under Article VII(1) NYC. |
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Attachment (1)
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