GERMANY 16 October 2020 OLG Celle

 

Oberlandesgericht, Dresden, 16 October 2020, 8 Sch 1/20

(s.r.o v. e.K)

16 - 10 - 2020

GERMANY 16 October 2020 OLG Celle

Jurisdiction Germany
Original full text Full text decision GERMANY 16 October 2020 OLG Celle
Summary

The Court of Appeal granted recognition of a Czech award, holding that no grounds for refusal under Art. V of the New York Convention were raised or appeared to exist. The Court first noted that the claimant had supplied a certified copy of the award, together with a German translation, and had thus complied with the conditions of German law together with Art. IV of the Convention.
Related topics
402

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.

 Original or copy arbitral award
500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

 Grounds for refusal of enforcement in general
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 16 October 2020 OLG Celle