Germany / 20 November 2003 / Oberlandesgericht Celle / 8 Sch 02/03
| Country | Germany |
| Court | Germany, Oberlandesgericht Celle |
| Date | 20 November 2003 |
| Case number | 8 Sch 02/03 |
| Applicable NYC Provisions | V | VI | V(1)(e) | V(2)(b) |
| Source | DIS |
| Summary | In 1999, the Parties concluded a five-year supply contract containing a clause for the arbitration of disputes at the Stockholm Chamber of Commerce (SCC) and the application of German law. The Parties entered into additional oral agreements pursuant to which the Defendant assumed further obligations. A dispute arose in respect of the Defendant's performance under the terms of the oral agreements, and the Claimant obtained a favorable award from a sole arbitrator at the SCC. The Defendant initiated set-aside proceedings in Sweden, which were pending at the time the Claimant sought enforcement in Germany before the Oberlandesgericht (Higher Regional Court) Celle. The Oberlandesgericht Celle granted enforcement. It considered that the Defendant failed to prove the grounds for non-recognition under Article V(1)(e) NYC, as the pending action for annulment in Sweden had no impact on award's finality. It further ruled that the Defendant failed to make out any grounds for non-recognition under Article V(2)(b) NYC. The Oberlandesgericht rejected that the proceedings should be stayed pursuant to Article VI NYC. Based on the evidence before it, it considered that the prospects of the success of Defendant's request for annulment were entirely uncertain. |
| see also : |
Attachment (1)
 Original Language Adobe Acrobat PDF |
