GERMANY 9 A

Landgericht, Heidelberg, 23 October 1972

(Manufacturer v. Distributor)

23 - 10 - 1972

GERMANY 9 A

Yearbook Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. II (1977)
Jurisdiction Germany
Summary

See also Oberlandesgericht, Karlsruhe, 13 March 1973 (Manufacturer v. Distributor) GERMANY 9 B

Related topics
101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
214-216 Field of application
220

The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

"Null and void", etc.
221

The court discusses which law – lex fori, lex contractus, law of the State where the award will be made – applies specifically to determining whether an agreement to arbitrate is “null and void etc.“, and, by extension, which law applies to determining the validity of arbitration agreements.

Law applicable to "Null and void", etc. (for formal validity and applicable law, see Art. II, ¶204)
506

Invalidity of the arbitration agreement: The court discusses the law applicable to the validity of the arbitration agreement at the enforcement stage.

Law applicable to the arbitration agreement
GERMANY 9 A