Germany / 16 June 2008 / Oberlandesgericht Schleswig / 16 Sch 02/07
| Country | Germany |
| Court | Germany, Oberlandesgericht Schleswig |
| Date | 16 June 2008 |
| Case number | 16 Sch 02/07 |
| Applicable NYC Provisions | V | VI |
| Source | DIS |
| Summary | The Parties concluded a framework supply contract in 1996 containing a clause for settlement of disputes by either arbitration in Denmark or before Danish courts. A dispute arose and the Claimant commenced arbitral proceedings. An award was rendered in 2007 granting each Party its claim, with the difference between the claims in the Claimant's favor. The Defendant sought annulment in Denmark, which was denied at First Instance. The Defendant appealed the First Instance decision, which was pending at the time the Claimant sought enforcement in Germany. The Oberlandesgericht (Higher Regional Court) Schleswig granted enforcement, finding that the enforcement of the award would not violate public policy because the Defendant had been granted the opportunity to have the award reviewed by a Danish court. The Court exercised its discretion not to stay proceedings pending the Defendant's appeal in Denmark against the decision of the Danish court, noting that the First Instance annulment action had already been decided in the Claimant's favor. |
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Attachment (1)
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