Introduction The Highest Regional Court of Bavaria (“BayObLG”) has recently issued several decisions underscoring the court’s supportive stance toward recognition and enforcement of arbitral awards. Three of them have already been reported in Global Arbitration News (Reports of May 9, May16, and May 21, 2025). In another ruling of 15 January 2025 (Case No. 102 Sch 250/23e), the BayObLG reaffirmed the high threshold required to deny recognition and enforcement of an arbitral award. It granted…
“Justice may be delayed, but it is never denied.” This saying perfectly encapsulates the essence of a recent…
The Bavarian Highest Regional Court (“BayObLG”) recently reaffirmed the stringent standards German courts apply when evaluating allegations of…
The Highest Regional Court of Bavaria (“BayObLG”) has recently strengthened Germany’s position as a recognition-friendly jurisdiction in international arbitration. In its decision, the court confirmed the declaration of enforceability of two related foreign arbitral awards despite allegations of a violation of the right to be heard due to severe illness and poverty. This decision is in line with the German courts’ general position to only decline enforceability in exceptional cases. Thereby, Germany provides foreign parties…
This case offers a striking illustration of the limits imposed on annulment judges reviewing international arbitral awards seated…
The German Federal Court of Justice (BGH), in its decision of 9 January 2025 (docket number I ZB 48/24[1]), dealt…
The Higher Regional Court of Frankfurt (OLG) recently ruled that an arbitration clause in a framework supply agreement can also have effect vis-à-vis third parties benefiting from the supply agreement (decision of 2 January 2025, 26 SchH 1/23). The Court arrived at this conclusion by applying the German law concept of “supplementary contract interpretation” under Sections 133, 157 of the German Civil Code (Bürgerliches Gesetzbuch “BGB”). Factual Background In 2007, the pharmaceutical manufacturer (“Alpha”) concluded…
In 2018, the European Court of Justice (ECJ) shocked the arbitration world: In its Achmea-decision, it invalidated arbitration…
This second amendment to the chronology of the jurisdictional battle between Russia and the European Union[1] is not about…
On 7 August 2024, the Swiss Federal Supreme Court (“SFSC”) deliberated on the courts interpretation of an award by an arbitral tribunal seated in Switzerland (case no. 4A_34/2024 [in German]). Factual background The dispute at stake originated between a Dutch company (the claimant and subsequently appellant before the SFSC proceedings) and a German company (the respondent and defendant before the SFSC proceedings) concerning a 1985 agreement for the sale of Dutch natural gas. Over time, the parties…