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Stockholm Arbitration Report (SAR)

Preview Page SAR 2000 - 2

Germany - Decision of the Berlin Higher Regional Court (Kammergericht) rendered in 1999 in case 28 Sch 17/99

Observations by Jens Bredow

Subject-matters:

Construction of an arbitration agreement; Reference to a non-existing German arbitration institution.

Findings:

By referring to “arbitration in accordance with the Arbitration Rules of the German Central Chamber of Commerce” (“Schiedsregeln der deutschen zentralen Handelskammer”), the parties had made it clear that they wanted to submit their disputes to arbitral proceedings administered by an arbitration institution set up by the German Chambers of Industry and Commerce. This must be interpreted as meaning the German Institution of Arbitration (“DIS”).

Parties: X (Turkey) Y (Denmark)

Place of arbitration: Germany

Place of court procedure: Germany

The Decision was published in Betriebsberater, Recht und Praxis der Schiedsgerichtsbarkeit (RPS), Beilage 8 zu Heft 37/2000, Heidelberg, Germany, 2. Halbjahr, page 13.

SUMMARY

In 1999, X, a Turkish company, started arbitral proceedings against Y, a Danish company, with the German Institution of Arbitration (“DIS” – Deutsche Institution für Schiedsgerichtsbarkeit), based on an arbitration agreement contained in a contract concluded by the parties in May 1998.