Germany / 05 July 2004 / Germany, Bayerisches Oberstes Landesgericht (Bavarian Highest Regional Court) / 4 Z Sch 09/04
| Country | Germany |
| Court | Germany, Bayerisches Oberstes Landesgericht (Bavarian Highest Regional Court) |
| Date | 05 July 2004 |
| Case number | 4 Z Sch 09/04 |
| Applicable NYC Provisions | VII | VII(1) |
| Source |
DIS |
| Summary | The Claimant, an Austrian lawyer, commenced arbitration in Austria against the Defendant in connection its alleged non-payment of legal fees. The Parties reached a settlement at the hearing. When the Defendant failed to pay the agreed amount, the Claimant sought enforcement of the settlement agreement in Germany. The Bayerisches Oberstes Landesgericht (Bavarian Supreme Court) granted enforcement pursuant to the 1959 Austrian-German Treaty, which applies to settlements reached before an arbitral tribunal. The Court considered that the Claimant had also complied with the formal requirements for enforcement under the NYC. The less stringent German requirements for enforcement applied in accordance with the more-favorable-right provision at Article VII(1) NYC. The Claimant had supplied a copy of the minutes of the arbitral hearing where the settlement agreement was concluded and recorded, which was certified by the Tyrol Bar Association and the president of the arbitral tribunal. The authenticity of the settlement agreement reached in the presence of both Parties was undisputed. |
Attachment (1)
 Original Language Adobe Acrobat PDF |
