GERMANY 50

30 - 07 - 1998

GERMANY 50

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXV (2000)
Jurisdiction Germany
Summary

Germany 50. Oberlandesgericht, Hamburg, 30 July 1998

Related topics
207

The court discusses what more recent means of communication are also covered by the “exchange of letters or telegrams” alternative: telefax, email, e-commerce, etc.

Means of communication for achieving the exchange in writing
209 Incorporation by reference and standard conditions
307

The court discusses questions relating to interest on the amount due under the arbitral award, including whether the enforcement court may grant interest not granted in the award, modify interest granted in the award, and grant post-award interest.

Interest on award
509

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

"Proper notice"
512 Ground c: Excess by arbitrator of his authority - Excess of authority
513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
522

Public policy: The court discusses the consequences of the lack of reasons in the award on its recognition and enforcement.

Lack of reasons in award
GERMANY 50