GERMANY 114
Germany 114. Oberlandesgericht, Karlsruhe, 14 September 2007
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.
The court discusses how to determine whether the document supplied is an award capable of being recognized and enforced, including whether the award is duly authenticated, and whether a copy is duly certified; whether a prior interim and/or partial award should be supplied together with the final award.
Public policy: The court discusses the consequences of the apparent or actual bias of an arbitrator on the recognition and enforcement of an arbitral award.
More-favorable right provision: The court discusses examples of domestic laws of countries where enforcement of foreign awards is more favorable.