Germany / 16 December 1965 / Landgericht Bremen / 12-OH 2/1965
| Country | Germany |
| Court | Germany, Landgericht Bremen |
| Date | 16 December 1965 |
| Case number | 12-OH 2/1965 |
| Applicable NYC Provisions | VII | II | VII(2) | VII(1) | II(2) |
| Source | Original decision obtained from the registry of the Landgericht Bremen |
| Languages | English |
| Summary | The Buyer imported honey from the Seller. Following a request from the Buyer, the Seller shipped certain quantities of honey and asked the Buyer to sign a contract calling for the resolution of all disputes in accordance with the Arbitration Rules of the Dutch Association for the Trade in Tropical Fruit and Spices. The Buyer did not sign the contract form, and informed the Seller that it would refuse the goods and not make the payment. The Seller obtained a favourable arbitral award against the Buyer in Rotterdam and sought enforcement in Germany. The Landgericht (Regional Court) Bremen denied the Seller’s request to declare the award enforceable under Article V(1)(a) NYC for lack of an arbitration agreement in writing. The Landgericht noted that Article II(2) NYC required the arbitration agreement to take the form of a clause in a contract or otherwise be signed by the parties or contained in an exchange of letters or telegrams. It considered that the Seller’s form contract containing the arbitration agreement, however, had not been accepted by the Buyer. The Landgericht further held that pursuant to Article VII (2) NYC, the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927 did not apply because that treaty had ceased to have legal effect for both Germany and the Netherlands from when the NYC became binding on both countries. The Landgericht, however, found that German procedural law could apply in accordance with Article VII(1) NYC. |
Attachment (1)
 Original Language Adobe Acrobat PDF |
