GERMANY 93
Germany 93. Oberlandesgericht, Dresden, 2 November 2005
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.
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.
More-favorable right provision: The court discusses examples of domestic laws of countries where enforcement of foreign awards is more favorable.