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- GERMANY 14 April 2020 OLG Frankfurt aM
GERMANY 14 April 2020 OLG Frankfurt aM
Oberlandesgericht, Frankfurt am Main, 14 April 2020, 26 Sch 3/20
(Parties not indicated)
GERMANY 14 April 2020 OLG Frankfurt aM
The Court of Appeal granted recognition of an arbitral award oft he ICAC Ukraine. The claimant had supplied a certified copy of the award, thus satisfying the requirement of German law, which, being less strict than the requirements of Art. IV of the New York Convention, applied in accordance with the more-favorable-right provision in Art. VII(q1) of the Convention. The defendant had not raised any grounds for refusal under Art. V(1), and no grounds under Art. V(2), which the Court could examine on its own initiative, appeared to exist
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 the overall scheme and/or pro-enforcement bias of the Convention.
More-favorable right provision: The court discusses examples of domestic laws of countries where enforcement of foreign awards is more favorable.