GERMANY 84

30 - 09 - 1999

GERMANY 84

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXI (2006)
Jurisdiction Germany
Summary

Germany 84. Hanseatisches Oberlandesgericht, Bremen, 30 September 1999

Related topics
511

Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

"Otherwise unable to present his case"
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
523

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.

Irregularities in the arbitral procedure (see also Art. V(1)(b))
524

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.

Other cases
GERMANY 84