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- GERMANY 9 B
GERMANY 9 B
Oberlandesgericht, Karlsruhe, 13 March 1973
(Manufacturer v. Distributor)
GERMANY 9 B
See also Landgericht, Heidelberg, 23 October 1972 (Manufacturer v. Distributor) GERMANY 9 A
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
The court discusses which law – lex fori, lex contractus, law of the State where the award will be made – applies specifically to determining whether an agreement to arbitrate is “null and void etc.“, and, by extension, which law applies to determining the validity of arbitration agreements.
Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.