GERMANY 146 B

Bundesgerichtshof, 20 December 2012

(H v. F)

21 - 12 - 2012

GERMANY 146 B

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXVIII (2013)
Jurisdiction Germany
Summary

See also Oberlandesgericht, Karlsruhe, 4 January 2012 (H v. F) GERMANY 146 A

Related topics
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
303

The court discusses the conditions under which a party may be estopped from raising a ground for refusal of enforcement under the Convention or has waived the right to raise it.

Estoppel/waiver
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
524

Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

Other cases
702

More-favorable right provision: The court discusses examples of domestic laws of countries where enforcement of foreign awards is more favorable.

Domestic law on enforcement of foreign award
GERMANY 146 B