Germany / 18 September 2003 / Oberlandesgericht Celle / 8 Sch 12/02
Country | Germany |
Court | Germany, Oberlandesgericht Celle |
Date | 18 September 2003 |
Case number | 8 Sch 12/02 |
Applicable NYC Provisions | VII | V | II | VII(1) | V(1)(a) | II(1) |
Source | DIS |
Summary | The Parties concluded a sales contract. The Defendant allegedly refused to pay part of contract price and the Claimant commenced arbitration in London. The London Commercial Court appointed a sole arbitrator after the parties failed to reach an agreement concerning the constitution of the tribunal. The arbitrator assumed jurisdiction over the dispute based on the INTERORE general conditions of contract, which contained an arbitration clause. The Claimant obtained a favorable award and sought enforcement in Germany. The Oberlandesgericht (Higher Regional Court) Celle denied enforcement, finding no valid arbitration agreement within the meaning of Article II of the NYC, as the parties had neither signed nor mentioned the INTERORE conditions when concluding the sales contract at issue. The writing requirement under the NYC was not superseded by the requirements under German law pursuant to Article VII(1) NYC, since German law requires at least that the Claimant make a written reference to its general conditions when concluding a contract. The Court reasoned that the existence and formal validity of the arbitration agreement should to be assessed independently by the enforcement court when examining the grounds for refusal at Article V(1)(a) NYC. |
Attachment (1)
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