Germany / 17 September 1998 / Germany, Bayerisches Oberstes Landesgericht (Bavarian Highest Regional Court) / BayObLG 4 Z Sch 1/98
| Country | Germany |
| Court | Germany, Bayerisches Oberstes Landesgericht (Bavarian Highest Regional Court) |
| Date | 17 September 1998 |
| Case number | BayObLG 4 Z Sch 1/98 |
| Applicable NYC Provisions | II | II(2) |
| Summary | The Parties concluded a sales contract. The front page was signed referred to the General Conditions of sale on the reverse side as being an integral part of the contract. The General Conditions contained an arbitration clause for resolution of disputes by a sole arbitrator to be appointed by the President of the Law Society in London if the parties failed to agree. A dispute arose between the parties. An appointed arbitrator rendered an award before 1 January 1998, the date on which the New German Arbitration Law entered into force. The Claimant sought enforcement of the English award in Germany after 1 January 1998. The Bayerisches Oberstes Landesgericht (Bavarian Supreme Court) granted enforcement, finding that the "agreement in writing" requirement under Article II(2) NYC is fulfilled when - as was the case here - the front page of a contract, signed by both parties, refers to an overleaf with General Conditions containing the arbitration clause in small but readable font as being an integral part of the sales contract. On the other hand, a reference to a separate document would not have met these requirements. |
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Attachment (1)
 Original Pending Adobe Acrobat PDF |
