GERMANY 67

13 - 06 - 2002

GERMANY 67

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXIX (2004)
Jurisdiction Germany
Summary

Germany 67. Brandenburgisches Oberlandesgericht, 13 June 2002

Related topics
111

The court discusses the application of the Convention to awards rendered by permanent arbitral bodies (as opposed to ad hoc awards).

Permanent arbitral bodies (paragraph 2)
203-204 Formal validity, uniform law and municipal law
301

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.

Procedure for enforcement in general
402

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.

Original or copy arbitral award
403

The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.

Original or copy arbitration agreement
503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

Burden of proof on respondent
504 Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II
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
GERMANY 67