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- GERMANY 16 October 2020 s.r.o v. e.K
GERMANY 16 October 2020 s.r.o v. e.K
Oberlandesgericht, Dresden, 16 October 2020, 8 Sch 1/20
(s.r.o v. e.K)
GERMANY 16 October 2020 s.r.o v. e.K
In a short decision, the Court of Appeal granted recognition of an award rendered in the Czech Republic. It noted that the defendant had not raised any of the grounds for refusal listed in Art. V(1) of the New York Convention, and that no grounds under Art. V(2) appeared to exist. In particular, there was no violation of public policy – in its narrow meaning of the fundamental principles of German law – because the arbitral tribunal had refused to take into account evidence in respect of the alleged defect of the goods at issue. In fact, the Court noted, the tribunal had considered the evidence, and had awarded the claimant a lower sum than the sum claimed. The agreement for a daily interest of 0.50 percent, which resulted in a total interest of 18.25 percent, was also not in violation of public policy.
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.
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.