Germany / 01 September 2009 / Germany, Oberlandesgericht München / 34 Sch 14/09
|Germany, Oberlandesgericht München (Higher Regional Court of Munich)
|01 September 2009
|34 Sch 14/09
|Applicable NYC Provisions
|VII | V | VII(1) | V(2)(b)
|In 2006, the Parties concluded a sales contract to be governed by the Convention on the International Sale of Goods, the Incoterms of the International Chamber of Commerce and Canadian law, with disputes to be resolved by arbitration at the Stockholm Chamber of Commerce (SCC). A dispute arose and the Buyer commenced arbitration at the SCC and obtained a favorable award from a sole arbitrator in 2008. The Buyer then sought enforcement in Germany. The Oberlandesgericht München (Higher Regional Court of Munich) granted enforcement of the award. It reasoned that the Buyer, by supplying a copy of the award certified by counsel, had complied with the less strict formal requirements of German law, which applied in virtue of the more-favorable-right rule under Article VII(1) NYC. German law does not require that the party seeking enforcement to supply the original arbitration agreement or a copy thereof. The Court considered that there were no grounds to refuse enforcement under Article V NYC. In particular, the enforcement of an award of compensation for legal costs did not violate German public policy.
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