Decisions about the validity of arbitration clauses at the seat of arbitration are binding in proceedings about the enforcement of an award

Decisions rendered in state court proceedings at the place of arbitration about the scope of the arbitration clause are binding for the German exequatur court and exclude a reconsideration of these issues or a successful invocation of the same defence in the German enforcement proceedings. This applies in particular to the defence of the lack […]

Enforcement of ICC award against Transnistria in Russia

An outstanding ruling of the Moscow Arbitrazh Court of 13 September 2021 in case № A40-128695/2021 denies recognition and enforcement of an ICC award to a creditor against the Republic of Transnistria, making a controversial statement: Money in a bank account represent clients’ contractual rights against a credit institution and is not a tangible object […]

Can a court base its decision on a hearing/interrogation of the party alone?

A german court does not have to gather additional evidence offered on a disputed fact if it can base its conviction within the meaning of section 286(1) of the Code of Civil Procedure (ZPO) on other circumstances, such as the content of a party hearing alone (BGH, 10.03.2021 – XII ZR 54/20). This applies independently […]

Equality of arms in COVID-times: Travel restrictions are not an argument for Russian courts

The following decision of the Moscow Arbitrazh (Commercial) Court shows that the arguments of parties who try to resist the recognition or enforcement of arbitral awards in Russia in the times of the COVID pandemic, such as the impossibility to send representatives or witnesses to Russia or to participate in video hearings, are doomed to […]

Federal Supreme Court on the timeliness of an arbitration defence in enforcement proceedings

At the end of last year, we commented on the decision of the lower court in this matter in our blog. The Frankfurt Higher Regional Court (order of 7 September 2020 – 26 Sch 2/20 – “Fish Can Filling Machine”) focused on the issue of set-off in enforcement proceedings. Today, we write about the appeal […]

Russian Cassation Court of North-Western Region clarifies a misunderstanding: No révision au fond

A DIS (German Arbitration Institute) arbitration award was granted to recover damages from International Recycling Pte. Ltd. (Singapore) and Intervtorresurs Limited Liability Company (Russia). The claimant applied for recognition and enforcement to the court at the location of the Russian respondent. On the first circuit, the judgment was enforced, but was overturned by the court […]

German case law on the right to be heard in arbitral proceedings and “Curia novit Ius”

Von: Heyo Eyiah, Anna Kopylova The right to beard in court is an important procedural principle (guaranteed by the principle of fair trial and laid down in Art. 103(1) of the German Constitution). An alleged violation of the right to be heard in court is probably the most frequent ground for challenging arbitral awards in […]

Show more