Germany / 20 October 1998 / Oberlandesgericht Dresden / 11 Sch 04/98
| Country | Germany |
| Court | Germany, Oberlandesgericht Dresden (Higher Regional Court of Dresden) |
| Date | 20 October 1998 |
| Case number | 11 Sch 04/98 |
| Applicable NYC Provisions | V | V(1)(b) | V(1)(d) |
| Source | DIS |
| Summary | The Claimant sought enforcement of an award from the International Commercial Arbitration Court in Russia. The Defendant raised several objections to enforcement pursuant to Article V NYC. The Oberlandesgericht (Higher Regional Court) Dresden granted enforcement. It found that the arbitral tribunal was correctly constituted and rejected the Defendant's objections based on Article V(1)(d) NYC. It further found that the Defendant did not make use of its right to appoint an arbitrator within 30 days, and thereafter the President of the Moscow Chamber of Commerce had complete discretion in the appointment of the arbitrator (and did not have to appoint a German speaker as the Defendant alleged). According to the Court, the Defendant was duly notified of arbitral proceedings and had been accorded a fair hearing, and therefore there were no grounds for non-recognition under Article V(1)(b) NYC. There was no violation of public policy that would require non-enforcement under Article V(2)(b) NYC. |
Attachment (1)
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