GERMANY 10 February 2020 OLG Celle

 

Oberlandesgericht, Celle, 10 February 2020, 8 Sch 5/19

(B SIA v. F. D. GmbH and K. S.)

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Oberlandesgericht, Celle, 10 February 2020, 8 Sch 5/19

(B SIA v. F. D. GmbH and K. S.)

 

10 - 02 - 2020

GERMANY 10 February 2020 OLG Celle

Jurisdiction Germany
Summary

The Court of Appeal granted the application to recognize an award rendered in Latvia only in respect of the first defendant, finding that the second defendant had not been a party to the loan agreement containing the arbitration clause. As a consequence, exequatur should be denied pursuant to Art. V(1)(a) of the New York Convention, for lack of a valid arbitration agreement.

Related topics
507

Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.

Miscellaneous cases regarding the arbitration agreement
GERMANY 10 February 2020 OLG Celle