GERMANY 148

11 - 04 - 2012

GERMANY 148

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIX (2014)
Jurisdiction Germany
Summary

Germany 148. Oberlandesgericht, Munich, 11 April 2012

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
402

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.

Original or copy arbitral award
502

The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

No re-examination of the merits of the arbitral award
512 Ground c: Excess by arbitrator of his authority - Excess of authority
GERMANY 148