Internet fraud is a very common and presumably profitable business. We have come across a number of schemes over the years, the most common one being the interception of communication and the exchange of payment details in invoices, so that the payment is diverted to a third party who then cannot be traced. Recently, we […]
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No security for costs if annulment of arbitral award is sought by way of counterclaim
Claimants who do not have their habitual residence in an EU or an EEA Member State are obliged, to provide security for legal costs if the other party requests this (§ 110 ZPO -German Code of Civil Procedure). In a recent decision, the German Federal Court ruled whether this also applies if the annulment of […]
Frankfurt am Main: Delay of the arbitral award does not lead to annulment
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 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 […]