GERMANY 96 B

Bundesgerichtshof, 30 January 2003

(Seller v. Buyer)

30 - 01 - 2003

GERMANY 96 B

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXII (2007)

Jurisdiction Germany

Original full text Full text decision GERMANY 96 B

Excerpt Excerpt decision GERMANY 96 B

Summary

See also Oberlandesgericht, Celle, 2 October 2001 (Seller v. Buyer) GERMANY 96 A

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

504 Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II

511

Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

"Otherwise unable to present his case"

514 Ground e: Award not binding, suspended or set aside - "Binding"

GERMANY 96 B