Germany: Case No III ZB 97/06 - International Arbitration Court Decisions - 3rd Edition

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

Table of Contents:

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