Germany / 18 January 2007 / Bundesgerichtshof / III ZB 35/06
| Country | Germany |
| Court | Germany, Bundesgerichtshof (Federal Court of Justice) |
| Date | 18 January 2007 |
| Case number | III ZB 35/06 |
| Source | DIS |
| Summary | An arbitral tribunal at the International Chamber of Commerce (ICC) in Geneva rendered a Partial Award on Jurisdiction deciding both its jurisdiction and the allocation of the costs incurred up to that stage of the proceedings. The Hanseatisches Oberlandesgericht (Higher Regional Court Hamburg) granted enforcement. The Defendant appealed. The Bundesgerichtshof (Federal Supreme Court) upheld the decision of the Oberlandesgericht, finding that a foreign arbitral award containing a decision on jurisdiction as well as a decision on the allocation of the costs of the proceedings incurred to that stage is not an interim decision, but rather a final award which can be declared enforceable. |
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Attachment (1)
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