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- GERMANY 7 September 2020
GERMANY 7 September 2020
Oberlandesgericht, Frankfurt am Main, 7 September 2020, 26 Sch 2/20
(Parties not indicated)
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Oberlandesgericht, Frankfurt am Main, 7 September 2020, 26 Sch 2/20
(Parties not indicated)
GERMANY 7 September 2020
The Court of Appeal granted recognition of an ICC award rendered abroad, finding that the formal requirements under the New York Convention were met, and that there were no grounds for refusal. The Court further dismissed the defendant’s argument that the amount of the award should be set-off against a claim for damages the defendant had against the claimant. While set-off objections may be raised in the proceedings for recognition of an award, it explained, the set-off cannot be taken into account if it is itself subject to an arbitration agreement. This was the case here, since the claim for damages fell within the scope of the arbitration agreement in the claimant’s General Terms and Conditions of Contract. The Court examined the validity and scope of the arbitration clause under German law, which was the law expressly chosen by the parties to govern their contract, and found that the clause’s broad formulation – all disputes arising “under” and “in connection with” the contract – left not doubt as to its application to the claim for damages on which the defendant based its request for a set-off.
The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.
The court discusses the admissibility of a set off or counterclaim in enforcement proceedings under the Convention.
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.