Germany / 22 November 2002 / Germany, Bayerisches Oberstes Landesgericht (Bavarian Highest Regional Court) / 4 Z Sch 13/02
| Country | Germany |
| Court | Germany, Bayerisches Oberstes Landesgericht (Bavarian Highest Regional Court) |
| Date | 22 November 2002 |
| Case number | 4 Z Sch 13/02 |
| Applicable NYC Provisions | V | VI | V(1)(e) |
| Source |
DIS |
| Summary | The Claimant sought enforcement of an arbitral award rendered in the United States and confirmed by the Superior Court of California. The Defendant had filed an appeal against the California decision, which was still pending at the time the present decision was rendered. The Bayerisches Oberstes Landesgericht (Bavarian Supreme Court) granted enforcement, reasoning that an award confirmed by a California State Court was enforceable and binding and should not be denied enforcement under Article V(1)(e) NYC. The Court found that the annulment proceedings commenced by the Defendant did not hinder enforcement as they only constituted means to have the award set aside a posteriori, and could not interfere with the enforceability of the award. The Court further found that the Defendant had failed to prove the requirements for grounds for refusal under Articles V(1)(b) and (c) NYC. Taking into account the absence of grounds for refusal or setting aside under Article V, the Court reasoned the pending appeal proceeding in California would not likely succeed and decided that the Defendant's request for suspension under Article VI NYC should be denied. |
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Attachment (1)
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