GERMANY 44
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXI (1996)
Jurisdiction
Germany
Original full text
Full text decision GERMANY 44
Excerpt
Excerpt decision GERMANY 44
Summary
Germany 44. Oberlandesgericht, Cologne, 16 December 1992
Related topics
203-204
Formal validity, uniform law and municipal law
208
Sales or purchase confirmation
The court discusses arbitration agreements contained in a sales and purchase confirmation and whether a tacit acceptance thereof is sufficient.
209
Incorporation by reference and standard conditions
514
Ground e: Award not binding, suspended or set aside - "Binding"
524
Other cases
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.
704
European Convention of 1961
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.