Under German law, you can combine the application for the recognition and enforcement of an arbitral award with an application to allow provisional enforcement measures, such as freezing bank accounts and attaching assets. Pending a decision on the recognition and enforcement of the award, these assets can thus be secured. However, the relevant section of the German Civil Code (Zivilprozessordnung, ZPO) appears to have been imperfectly integrated into the overall system of provisional enforcement, which led to a string of – partly contradictory – court decisions. Continue reading
Today, the September/October 2016 issue of the German Arbitration Journal (Zeitschrift für Schiedsverfahren) landed on my desk. It contains, for the benefit of all non-German readers, an English translation of the judgment dated June 7, 2016 in the matter of Claudia Pechstein v. International Skating Union (see here for our earlier coverage on this blog).
In November 2012 I posted on the Gea v. Flex-n-Gate decision of the Frankfurt Court of Appeals (Oberlandesgericht) that treated procedural orders as Agreements between the parties and that had been upheld by the Federal Supreme Court (Bundesgerichtshof). The piece was cross-posted at the Kluwer Arbitration Blog, were it sparked some debate. In the most recent issue of the German Arbitration Journal (Zeitschrift für Schiedsverfahren) Gerhard Wagner and Maximilian Bülau discuss the case in detail. Continue reading