Germany / 30 July 1998 / Germany, Hanseatisches Oberlandesgericht Hamburg (Higher Regional Court of Hamburg) / 6 Sch 3/98
| Country | Germany |
| Court | Germany, Hanseatisches Oberlandesgericht Hamburg (Higher Regional Court of Hamburg) |
| Date | 30 July 1998 |
| Case number | 6 Sch 3/98 |
| Applicable NYC Provisions | V | V(2)(b) | V(1)(b) | V(1)(c) | V(1)(d) |
| Summary | The Claimant sought enforcement of an award rendered in London. The Defendant maintained that there is no valid arbitration clause within the meaning of Article II NYC, that the award was vitiated by lack of oral hearing and the granting of post-award interest that had not been claimed. The Hanseatisches Oberlandesgericht (Higher Regional Court) Hamburg granted enforcement, holding that parties validly concluded agreement by exchange of telefaxes. It reasoned that there were no grounds for refusal under Article V(1)(b) NYC, as the Defendant had been duly informed of the proceedings and the arbitral tribunal had otherwise complied with the requirements of due process. The Court reasoned that arbitral rules provide that decision could be rendered without oral hearing, so there were no grounds for refusal under Article V(1)(d) NYC. An arbitral tribunal can, at its discretion, award interest and not exceed its authority in the sense of Article V(1)(c) NYC. The Court held that an award could be refused enforcement under Article V(2)(b) only where arbitration is vitiated by a grave fault that affects fundamentals of social and economic life. |
Attachment (1)
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