Germany / 20 January 1983 / Landgericht Bremen / 12-O-184/1981
| Country | Germany |
| Court | Germany, Landgericht Bremen |
| Date | 20 January 1983 |
| Case number | 12-O-184/1981 |
| Applicable NYC Provisions | V | V(1)(b) |
| Source | Original decision obtained from the registry of the Landgericht Bremen |
| Languages | English |
| Summary | The Grain and Feed Trade Association (GAFTA) in London rendered an award in favour of a Portuguese company against a German company which had entered bankruptcy proceedings during the course of the arbitral proceedings. The Portuguese company sought enforcement in Germany. The Landgericht (Regional Court) Bremen refused to declare the award enforceable under Article V(1)(b) NYC finding that the German company had not been given the opportunity to present its case in the arbitration proceedings since it had not been informed of the Portuguese company’s arguments in the arbitration. According to the Landgericht Bremen, only providing the opportunity to a party to submit documents relating to a disputed contract or to give its view, without knowledge of the opponent’s arguments, did not sufficiently satisfy the party’s right to be heard. |
Attachment (1)
 Original Language Adobe Acrobat PDF |
