GERMANY 68

22 - 11 - 2002

GERMANY 68

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXIX (2004)
Jurisdiction Germany
Summary

Germany 68. Bayerisches Oberstes Landesgericht, 22 November 2002

Related topics
108

The court discusses whether procedures akin to arbitration fall under the Convention.

Arbitral award: arbitrato irrituale (Italy) and other procedures akin to arbitration
110

The court discusses the definition of “arbitral award”, and the application of the Convention to the various types of award, including awards on specific performance, awards enjoining a party from certain conduct, declaratory awards, etc. Also, whether preliminary, partial, interim, interlocutory awards, and awards by consent can be enforced under the Convention.

Arbitral award: types
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
401

The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.

Conditions to be fulfilled by petitioner in general
508 Ground b: Violation of due process in general
512 Ground c: Excess by arbitrator of his authority - Excess of authority
514 Ground e: Award not binding, suspended or set aside - "Binding"
601

The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.

Adjournment of decision on enforcement
GERMANY 68