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- GERMANY 167
GERMANY 167
Oberlandesgericht, Munich, 20 December 2019
(Croatian claimant v. German defendant)
GERMANY 167
The Court of Appeal granted recognition of an award of the Permanent Arbitration Court at the Croatian Chamber of Commerce in Zagreb. The Court first found that the claimant had complied with the less strict requirements of German law by supplying a certified copy of the award, and that it had the right to apply for recognition, independent of the fact that it had obtained provisional measures of protection in Croatia in partial satisfaction of its claim under the award, because the claimant was entitled to enforce the award in other countries. Furher, the recognition proceedings need not be stayed simply because an annulment action had been commenced in Croatia, the country of rendition; this fact also did not make the award not binding in the sense of Art. V(1)(e) of the Convention.
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 the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.
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.