- You are here:
- Home
- Court Decisions
- GERMANY 20 May 2020
GERMANY 20 May 2020
Brandenburgisches Oberlandesgericht, 20 May 2020, 11 Sch 1/19
(Parties not indicated)
... Read more
Brandenburgisches Oberlandesgericht, 20 May 2020, 11 Sch 1/19
(Parties not indicated)
GERMANY 20 May 2020
The Court of Appeal granted recognition of a VIAC award. It found that the applicant had complied with the formal requirements of Art. IV of the New York Convention by supplying the duly authenticated original award and a duly certified copy of the arbitration agreement, and that the defendants were estopped from raising the objection of lack of jurisdiction of the arbitral tribunal. The Court explained that this objection had been finally denied by the Austrian Supreme Court in the unsuccessful annulment action initiated by the defendants. The first defendant had also failed to raise this objection before any discussion of the merits, as required under the applicable VIAC rules.
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.
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 issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.