GERMANY 11

03 - 04 - 1975

GERMANY 11

Yearbook Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. II (1977)
Jurisdiction Germany
Summary

Germany 11. Oberlandesgericht, Hamburg, 3 April 1975

Related topics
112

The court discusses whether the Convention may be applied retroactively and, if so, as of when: e.g., with the conclusion of the arbitration agreement, the commencement of arbitration, the rendition of the award.

Retroactivity
511

Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

"Otherwise unable to present his case"
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
523

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.

Irregularities in the arbitral procedure (see also Art. V(1)(b))
704(B) Bilateral Treaties
GERMANY 11