GERMANY 23

20 - 11 - 1980

GERMANY 23

Yearbook Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. VII (1982)
Jurisdiction Germany
Summary

Germany 23. Oberlandesgericht, Celle, 5 June 1981 and Landgericht, Hannover, 20 November 1980

Related topics
206

The court discusses the second alternative requirement of Art. II(2) that the arbitration agreement is “contained in an exchange of letters or telegrams”.

Exchange of letters or telegrams
509

Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.

"Proper notice"
514 Ground e: Award not binding, suspended or set aside - "Binding"
702

More-favorable right provision: The court discusses examples of domestic laws of countries where enforcement of foreign awards is more favorable.

Domestic law on enforcement of foreign award
704

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.

European Convention of 1961
704(B) Bilateral Treaties
GERMANY 23