GERMANY 110

31 - 01 - 2007

GERMANY 110

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIII (2008)
Jurisdiction Germany
Summary

Germany 110. Oberlandesgericht, Dresden, 31 January 2007

Related topics
516

Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.

"Set aside"
704

More-favorable right provision: The court discusses the application of the 1961 European Convention together with the New York Convention, and the relationship between the two treaties.

European Convention of 1961
GERMANY 110