Does the arbitral tribunal have endless time to render its final award? Or might the losing party have a ground to challenge an award because the tribunal needs too much time for it? The Higher Regional Court (OLG) Frankfurt am Main had to decide whether a delay of almost one year constituted grounds for setting aside […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]