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- GERMANY 10 A
GERMANY 10 A
Landgericht, Hamburg, 27 March 1974
(Firm C v. Party from F.R. Germany)
GERMANY 10 A
See also Oberlandesgericht, Hamburg, 27 March 1975 (Firm C v. Party from F.R. Germany) GERMANY 10 B
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
The court discusses issues relating to the identity of the party against whom enforcement of the arbitral award is sought, including: piercing of the corporate veil, succession, assignment, State or State entity, group of companies, agent or principal, etc. For the related defenses to enforcement, see Art. V(1)(a).
The court discusses the admissibility of a set off or counterclaim in enforcement proceedings under the Convention.
Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.