Germany / 11 May 2009 / Oberlandesgericht München / 34 Sch 23/08
Country | Germany |
Court | Germany, Oberlandesgericht München (Higher Regional Court of Munich) |
Date | 11 May 2009 |
Case number | 34 Sch 23/08 |
Applicable NYC Provisions | VII | IV | VII(1) |
Source | DIS |
Summary | In October 2005, the Defendant made out a bill of exchange in favor of the Claimant, which was due in December 2005. The Parties concluded an agreement referring disputes relating to the bill to the Arbitration Court of the Czech Chamber of Commerce, to be governed by Czech law. The Defendant paid only part of the debt and the Claimant commenced arbitration. The Defendant alleged that in the course of the proceedings, the Parties agreed to payment by installments. In 2007, a sole arbitrator rendered an award in favor of the Claimant, who sought enforcement in Germany. The Oberlandesgericht München (Higher Regional Court Munich) granted enforcement, finding that the Claimant had complied with the formal conditions for recognition and enforcement under German law (which applied in virtue of the more-favorable-right rule under Article VII(1) NYC) by supplying the original arbitral award with a translation. The alleged agreement to pay by installments did not deprive the Claimant of its interest in obtaining a declaration of enforceability in Germany, even if it postponed the date on which payment became due. The date on which the claims awarded in the arbitral award become due is not a condition for the declaration of enforceability. |
Attachment (1)
Original Language Adobe Acrobat PDF |