Germany / 22 February 2001 / Bundesgerichtshof / III ZB 71/99
| Country | Germany |
| Court | Germany, Bundesgerichtshof (Federal Court of Justice) |
| Date | 22 February 2001 |
| Case number | III ZB 71/99 |
| Applicable NYC Provisions | V | IV | V(1)(e) | IV(1)(b) | IV(1)(a) |
| Source | DIS |
| Summary | The Parties concluded a contract containing a clause providing for arbitration before the Maritime Arbitration Commission at the Chamber of Commerce and Industry in Moscow. The Claimant obtained a favorable award. The Defendant sought annulment before the Moscow District Court, which set aside the award. This decision was first affirmed by the Moscow Court of Appeal, and subsequently annulled by the Supreme Court of the Russian Federation and referred back to the Moscow District Court, which finally denied the request for setting aside. In the meantime, the Claimant sought enforcement in Germany but – prior to the annulment of the initial setting aside decision – the Oberlandesgericht (Higher Regional Court) Rostock denied enforcement. The Bundesgerichtshof (Federal Supreme Court) reversed the decision of the Oberlandesgericht Rostock and granted enforcement. The Bundesgerichtshof relied on the Russian decisions ultimately denying Defendant’s request to set aside the award, which had been rendered after the Court of Appeal's decision. It held that the Claimant's submission of a duly certified copy of the arbitral award that reproduced a non-authenticated original award could be deemed to comply with the conditions of Article IV(1)(a) NYC, since the existence and authenticity of the award was undisputed. It further held that the requirement under Article IV(1)(b) NYC can be departed from when the party resisting enforcement does not dispute the alleged contents of the arbitration agreement, as was the case here. Finally, it considered that the grounds for refusal under Article V(1)(e) NYC no longer existed because the arbitral award had become binding on the Parties in the meantime and had not been set aside. |
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Attachment (1)
 Original Language Adobe Acrobat PDF |
