Germany / 28 October 1999 / Germany, Oberlandesgericht Rostock / 1 Sch 03/99
| Country | Germany |
| Court | Germany, Oberlandesgericht Rostock |
| Date | 28 October 1999 |
| Case number | 1 Sch 03/99 |
| Applicable NYC Provisions | VII | V | VII(1) | V(1)(e) |
| Source | DIS |
| Summary | The Claimant sought to enforce in Germany an award rendered by the Maritime Arbitration Commission in Moscow. In the meantime, the award was set aside by the Moscow City Court and Moscow Court of Appeal. The Oberlandesgericht (Higher Regional Court) Rostock held that that German law does not condition the admissibility of a request for recognition on the submission of an arbitration clause, and so this more favorable law applied pursuant to Article VII(1) NYC. The Oberlandesgericht nevertheless denied recognition pursuant to Article V(1)(e) NYC, holding that a declaration of enforcement requires that the foreign award has become binding according to the law applicable to it, and that there are no further means of appeal against it before appellate arbitral tribunals or State courts. Here, the award was no longer "binding" because it had been set aside in its State of rendition. Even though the Russian court decisions were subject to further appeal, this was irrrelevant according to the second alternative under Article V(1)(e) NYC (..."or suspended"). Decision reversed by Bundesgerichtshof (Federal Supreme Court) on 22 February 2001 (see link below). |
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Attachment (1)
 Original Language Adobe Acrobat PDF |
