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Oberlandesgericht, 34th Civil Division, Munich, 4 October 2021, 34 Sch 3/20

(Etrak Insaat Taahhüt ve Ticaret Anonim Sirketi v. State of Libya)

04 - 10 - 2021

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Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)

Jurisdiction Germany

Original full text Full text decision GERMANY 2024-1

Excerpt Excerpt decision GERMANY 2024-1

Summary

The Court of Appeal denied exequatur of a Swiss award rendered in a BIT arbitration, finding that the settlement agreement on which the award was based did not qualify as an investment under the BIT, as it was not associated with a specific investment as required by the BIT.

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

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

512 Ground c: Excess by arbitrator of his authority - Excess of authority

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

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