Germany / 15 July 2003 / Oberlandesgericht Schleswig / 16 Sch 01/03
| Country | Germany |
| Court | Germany, Oberlandesgericht Schleswig |
| Date | 15 July 2003 |
| Case number | 16 Sch 01/03 |
| Applicable NYC Provisions | VII | VII(1) |
| Source | DIS |
| Summary | The Parties concluded two sales contracts which each contained a clause for arbitration of all disputes at the International Commercial Arbitral Tribunal at the Chamber of Commerce and Industry of Ukraine. A dispute arose concerning the Buyer's performance. The Seller initiated arbitration proceedings and the Buyer did not appear. The Seller obbtained a favorable award and sought enforcement in Germany before the Oberlandesgericht (Higher Regional Court) Schleswig. The Oberlandesgericht Schleswig granted enforcement, finding that the Seller had met the formal requirements for seeking enforcement under German law, which applied on the basis of the most-favorable-right provision at Article VII(1) NYC. It considered that there were no grounds for refusal to be examined ex officio. |
| see also : |
Attachment (1)
 Original Language Adobe Acrobat PDF |
