GERMANY 23 October 2019

Kammergericht, Berlin, 23 October 2019, 12 Sch 6/19

(Parties not indicated)

23 - 10 - 2019

GERMANY 23 October 2019

Jurisdiction Germany
Summary

The Court of Appeal granted recognition of an ICAC Ukraine award, rejecting the argument made by the defendant that the award was not yet binding under Art. V(1)(e) of the New York Convention because an appeal was pending in Ukraine against the first instance decision that had denied the annulment application. The Court explained that the pending annulment action did not affect the binding nature of the award. It also dismissed the claim that recognition and enforcement would be at odds with German public policy within the meaning of Art. V(2)(b).

Related topics
514 Ground e: Award not binding, suspended or set aside - "Binding"
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 23 October 2019