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- GERMANY 136 A
GERMANY 136 A
Oberlandesgericht, Munich, 23 November 2009
(French Seller v. German Buyer)
GERMANY 136 A
See also Bundesgerichtshof, 16 December 2010 (French Seller v. German Buyer) GERMANY 136 B
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.
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.
The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.
More-favorable right provision: The court discusses issues relating to the more-favorable right provision in general, including who may invoke it, and when.
More-favorable right provision: The court discusses examples of domestic laws of countries where enforcement of foreign awards is more favorable.
More-favorable right provision: The court discusses the application of the 1961 European Convention together with the New York Convention, and the relationship between the two treaties.