GERMANY 76

18 - 09 - 2003

GERMANY 76

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXX (2005)
Jurisdiction Germany
Summary

Germany 76. Oberlandesgericht, Celle, 18 September 2003

Related topics
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
303

The court discusses the conditions under which a party may be estopped from raising a ground for refusal of enforcement under the Convention or has waived the right to raise it.

Estoppel/waiver
505 Incapacity of party
702

More-favorable right provision: The court discusses examples of domestic laws of countries where enforcement of foreign awards is more favorable.

Domestic law on enforcement of foreign award
GERMANY 76