Munich Court on Notarial Form Requirement for Arbitration Agreement and Kompetenz-Kompetenz

German law requires notarial form for many commercial transactions, in particular for real estate contracts and the sale and transfer of GmbH Shares. Thus, a decision by the Munich Court of Appeals (Oberlandesgericht München) on challenges to an arbitration agreement based on the lack of notarial form is of great practical relevance.

Continue reading

Update: Russian Arbitrazh Court Not an Arbitral Tribunal

A couple of comments in the LinkedIn International Arbitration and Arbitration Experts groups discussed my post on the Russian Arbitrazh court’s judgment before the Munich Court of Appeals (Oberlandesgericht) – raising, amongst other things, the question what the situation would have been if an application had been made for recognition as a foreign judgment, rather than as an arbitral award, so I thought I briefly address the issue: Continue reading

Russian Arbitrazh Court Not an Arbitral Tribunal, Says Munich Court of Appeals

The Munich Court of Appeals (Oberlandesgericht) has held that a Russian Arbitrazh Court (Arbitragegericht, in the German original) is a state court, and not an arbitral tribunal. As a result, the application to the Munich court to recognize and enforce the Arbitrazh court’s judgment as a foreign arbitration award pursuant to Sec. 1061 German Code of Civil Procedure (ZPO) and the New York Convention was denied. Continue reading