GERMANY 20 May 2020 Brandenburgisches OLG

Brandenburgisches Oberlandesgericht, 20 May 2020, 11 Sch 1/19

(Parties not indicated)

20 - 05 - 2020

GERMANY 20 May 2020 Brandenburgisches OLG

Jurisdiction Germany
Summary

The Court of Appeal granted recognition of a VIAC award. Having noted that the claimant had supplied the necessary documents in accordance with Art. IV of the New York Convention, it dismissed all the grounds for refusal raised by the defendants. In respect of the defendants’ argument that the arbitral tribunal had lacked jurisdiction, the Court referred to the contrary finding of the Austrian Supreme Court in the unsuccessful annulment action commenced by the defendants against the award. The Court then denied, on the facts of the case, the contentions that the arbitration had not been in accordance with the parties’ agreement because the VIAC had appointed a sole arbitrator; that the arbitrator had exceeded her authority; that there had been a violation of due process in the arbitration; and that exequatur would lead to a violation of public policy, in the narrow meaning applicable in international arbitration. The Court also rejected the contention that the award was not yet binding, explaining that an award is binding when no appeal on the merits is no longer available against it.

Related topics
401

The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.

Conditions to be fulfilled by petitioner in general
505 Incapacity of party
511

Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

"Otherwise unable to present his case"
512 Ground c: Excess by arbitrator of his authority - Excess of authority
513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
514 Ground e: Award not binding, suspended or set aside - "Binding"
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
GERMANY 20 May 2020 Brandenburgisches OLG