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- GERMANY 10 February 2020 OLG Celle
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.)
GERMANY 10 February 2020 OLG Celle
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.
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.