Germany / 25 September 2003 / Germany, Bundesgerichtshof / III ZB 68/02
Country | Germany |
Court | Germany, Bundesgerichtshof (Federal Court of Justice) |
Date | 25 September 2003 |
Case number | III ZB 68/02 |
Applicable NYC Provisions | VII | IV | VII(1) | IV(1) |
Source | DIS |
Summary | The Hanseatisches Oberlandesgericht (Higher Regional Court) Hamburg granted enforcement of an award rendered in Sweden. The Claimants had submitted a certified copy of the agreement containing the arbitration clause and the arbitral award, as well as certified translations of the arbitration clause and the arbitral award into German. The Defendant filed an appeal on a points of law before the Bundesgerichtshof (Federal Supreme Court) alleging that the Oberlandesgericht Hamburg erred in relying directly on the German provisions concerning the formal requirements for enforcement, rather than those requirements under the NYC. The Bundesgerichtshof held that Article VII(1) NYC allows states to apply domestic provisions regarding the enforcement of foreign awards to the extent that they are more favorable than the provisions of the NYC. This was the case here since there were no specific requirements for the certification of the translations of the arbitration agreement or the arbitral award under German law. |
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