Germany: Case No III ZB 97/06 - International Arbitration Court Decisions - 3rd Edition
Originally from International Arbitration Court Decisions - 3rd Edition
FEDERAL COURT OF JUSTICE OF
GERMANY DECISION IN CASE NO: III ZB 97/06 ON APRIL 17, 2008
Subject-matters:
Circumstances under which a party may be estopped from invoking one of the defenses set out in Article V of the New York Convention—Whether the respondent is estopped from resisting an application seeking the recognition and enforcement of a foreign award on the ground that it failed to challenge the award before the courts of the seat of arbitration.
Findings:
The mere fact that the respondent failed to challenge the award before the courts of the seat does not, in itself, establish a breach of the duty to act in good faith justifying a conclusion that the respondent is estopped from objecting to the recognition and enforcement of the award in Germany.
Place of court proceedings:
Germany
Applicable law:
German law (Code of Civil Procedure (ZPO))
Place of arbitration:
Denmark
GERMANY
Parties not disclosed, Decision by the Federal Court of Justice of Germany rendered on April 17, 2008 in Case No III ZB 97/06
SUBJECT-MATTERS:
Circumstances under which a party may be estopped from invoking one of the defenses set out in Article V of the New York Convention--Whether the respondent is estopped from resisting an application seeking the recognition and enforcement of a foreign award on the ground that it failed to challenge the award before the courts of the seat of arbitration.
Observations by Dr. Stefan Kröll and Dmitry Marenkov