Germany / 16 March 2000 / Germany, Bayerisches Oberstes Landesgericht (Bavarian Highest Regional Court) / 4 Z Sch 50/99
| Country | Germany |
| Court | Germany, Bayerisches Oberstes Landesgericht (Bavarian Highest Regional Court) |
| Date | 16 March 2000 |
| Case number | 4 Z Sch 50/99 |
| Applicable NYC Provisions | V | V(1)(b) |
| Source |
DIS |
| Summary | The Parties concluded two contracts, both with clauses for the resolution of disputes by arbitration in Moscow. The Claimant commenced arbitration and an oral hearing was held in which the Defendant did not participate. An arbitral tribunal rendered award in the Claimant's favor and the Claimant sought enforcement in Germany pursuant to the NYC and the 1958 German-Russian Treaty on General Issues of Trade and Maritime Shipping. The Bayerisches Oberstes Landesgericht (Bavarian Supreme Court) denied enforcement, finding that the Defendant had not been duly informed of the arbitration, and that this constituted a violation of due process. The Court reasoned that Russian arbitration law holds that a party is duly informed when it is contacted at its last-known address if no other address can be found after making a reasonable inquiry. In this case, there was no evidence that inquiries had been made to ascertain the Defendant's current address. Although the Defendant did not seek annulment of the award in Russia on the ground of violation of due process, it was not barred from relying on this ground since Article V(1)(b) NYC does not contain a time bar for defenses based on violation of due process. |
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Attachment (1)
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