GERMANY 33
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XV (1990)
Jurisdiction
Germany
Original full text
Full text decision GERMANY 33
Excerpt
Excerpt decision GERMANY 33
Summary
Germany 33. Bundesgerichtshof, 14 April 1988
Related topics
102
Arbitral award not considered as domestic (paragraph 1)
The court discusses which awards are considered non-domestic even if rendered in the State of enforcement (international element, lex mercatoria).
509
"Proper notice"
Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.
513
Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
514
Ground e: Award not binding, suspended or set aside - "Binding"
523
Irregularities in the arbitral procedure (see also Art. V(1)(b))
Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.
704(B)
Bilateral Treaties