Germany / 06 August 2008 / Oberlandesgericht Dresden / 11 Sch 02/08
| Country | Germany |
| Court | Germany, Oberlandesgericht Dresden (Higher Regional Court of Dresden) |
| Date | 06 August 2008 |
| Case number | 11 Sch 02/08 |
| Applicable NYC Provisions | V | V(1)(d) |
| Source | OLG Dresden |
| Summary | On 30 October 2007, an arbitral tribunal in Norway rendered an award in favor of the Claimant. The Defendant commenced an action for annulment of the award in a Norwegian Court of First Instance. The Claimant sought enforcement in Germany. The Oberlandesgericht (Higher Regional Court) Dresden granted enforcement. It found that there were no grounds for non-enforcement under Article V(1) NYC. It reasoned that the alleged bias of President (under Article V(1)(d) NYC) had to be examined according to Norwegian law, which is equivalent with German law in this regard. The Court rejected the Defendant's claim that the award was invalid because it was rendered after the six-month time limit provided in the applicable arbitration rules, on the grounds this was not a mandatory rule whose non-recognition could invalidate the award. The Defendant had not contested the arbitral tribunal's announcement at the hearing that the award would be rendered after the six-month time limit. The Court further held that the Defendant's contention that the President was biased (which would have been a ground for non-enforcement under Article V(1)(d) NYC) was to be decided according to Norwegian law. The Court again considered that the relevant norm corresponded to German law, and found no again bias in this case. The Court also found it persuasive that there had been no annulment of the award in the country of rendition and none was to be expected. |
Attachment (1)
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