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- GERMANY 5 B
GERMANY 5 B
Bundesgerichtshof, 6 March 1969
(Firm C (claim assigned to company from F.R. Germany) v. DHG Sch. & B (Ch. & B personally))
GERMANY 5 B
See also Oberlandesgericht, Hamburg, 14 October 1964 (Firm C (claim assigned to company from F.R. Germany) v. DHG Sch. & B (Ch. & B personally)) GERMANY 5 A
The court discusses issues relating to the identity of the party against whom enforcement of the arbitral award is sought, including: piercing of the corporate veil, succession, assignment, State or State entity, group of companies, agent or principal, etc. For the related defenses to enforcement, see Art. V(1)(a).
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.
Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.
Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.
Public policy: The court discusses the consequences of the apparent or actual bias of an arbitrator on the recognition and enforcement of an arbitral award.