Germany / 24 October 2008 / Oberlandesgericht Frankfurt / 26 Sch 03/08
| Country | Germany |
| Court | Germany, Oberlandesgericht Frankfurt am Main (Higher Regional Court of Frankfurt am Main) |
| Date | 24 October 2008 |
| Case number | 26 Sch 03/08 |
| Applicable NYC Provisions | I |
| Source | DIS |
| Summary | By a contract dated February 2006, the Claimant agreed to supply aluminium castings to the Defendant. The Contract provided for arbitration at the International Commercial Arbitration Court (ICAC) at the Ukrainian Chamber of Commerce and Industry. The Defendant failed to pay for certain supplies, and the Claimant commenced arbitration proceedings, obtaining a favorable award and seeking enforcement in Germany. The Oberlandesgericht (Higher Regional Court) Frankfurt granted enforcement of the main part of the award. It reasoned that the award was based on a valid arbitration agreement in writing within the meaning of the NYC. The Claimant had complied with the conditions for requesting enforcement and the Defendant did not rely on any grounds for requesting refusal. The Court found the cost award unenforceable on the grounds that arbitrators are in principle prohibited from determining their own costs and fees (except when determined before the arbitration by agreement between the Parties and the tribunal, which was not the case here). |
Attachment (1)
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