Arbitral Digest

Matter

Applicant v Respondent (Bavarian Supreme Regional Court 102 Sch 104/25)

Seat
Czech Republic
  1. 4 April 2025Czech Republic

    4 April 2025Czech Republic

    Award of the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic dated 4 April 2025

    Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic

    Decision summary
    The award ordered Respondent to pay Applicant EUR 1,160,800 plus statutory interest and CZK 3,560,651.40 in arbitration costs, after reducing the contractual-penalty claim and dismissing it in the remainder.

    Supporting details

    8 participants
    Applicant
    Representative
    Applicant's counsel (lawyer ...) (For: Applicant)
    Respondent
    Representative
    Czech lawyer (For: Respondent)
    Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic
    Arbitrator
    Arbitrator ...
    Arbitrator
    Arbitrator ...
    Other
    Witness
    W.

    3 months and 19 days later · 110 days

  2. 23 July 2025Germany

    23 July 2025Germany

    Order of the Munich Higher Regional Court dated 23 July 2025

    Munich Higher Regional Court

    Decision summary
    The Munich Higher Regional Court transferred the enforcement-declaration proceedings to the Bavarian Supreme Regional Court for jurisdictional reasons.

    22 days later · 22 days

  3. 14 August 2025Czech Republic

    14 August 2025Czech Republic

    Judgment of the Prague Municipal Court dated 14 August 2025

    Prague Municipal Court

    Decision summary
    The Prague Municipal Court dismissed Respondent's application to set aside the Czech arbitral award, finding that the parties were treated equally and had adequate opportunities to present their case and evidence.

    Supporting details

    1 participant
    Respondent
    Prague Municipal Court

    6 days later · 6 days

  4. 20 August 2025Germany

    20 August 2025Germany

    Order of the Bavarian Supreme Regional Court dated 20 August 2025 on interim enforcement

    Bavarian Supreme Regional Court

    Decision summary
    The presiding judge refused Applicant's request to permit interim enforcement of the Czech arbitral award pending the decision on the enforcement application.

    Supporting details

    1 participant
    Applicant
    Bavarian Supreme Regional Court

    7 months and 7 days later · 219 days

  5. 27 March 2026Germany

    27 March 2026Germany

    Order of the Bavarian Supreme Regional Court in case 102 Sch 104/25 dated 27 March 2026

    Bavarian Supreme Regional Court

    Case no.
    102 Sch 104/25
    Decision summary
    The court declared the favorable part of the Czech arbitral award enforceable in Germany, rejected the objections based on form, jurisdiction, due process, public policy, alleged impossibility, and the pending Czech proceedings, ordered Respondent to bear the enforcement-proceedings costs, and made the order provisionally enforceable.

    Supporting details

    16 authorities · 5 participants
    Applicant
    Representative
    Applicant's counsel (lawyer ...) (For: Applicant)
    Respondent
    Representative
    Czech lawyer (For: Respondent)
    Bavarian Supreme Regional Court
    Other
    Witness
    W.

    Authorities cited

    16
    • German Code of Civil Procedure (ZPO)
      statute
    • United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 (New York Convention)
      statute
    • European Convention on International Commercial Arbitration dated 21 April 1961
      statute
    • Czech Act No. 216/1994 Coll. on Arbitration Proceedings (Arbitration Act)
      statute
    • Czech Companies Act (ZOK)
      statute
    • Czech Civil Code (OZ)
      statute
    • German Civil Code (BGB)
      statute
    • Handelsgesetzbuch (HGB)
      statute
    • German Court Costs Act (GKG)
      statute
    • IX ZB 61/16
      case-law
    • I ZB 33/22
      case-law
    • Bavarian Supreme Regional Court Order dated 26 June 2024, 101 Sch 116/23 (101 Sch 116/23)
      case-law
    • 8 Sch 6/05
      case-law
    • 102 Sch 143/22
      case-law
    • German Federal Court of Justice Order dated 29 March 2018, I ZB 12/17 (I ZB 12/17)
      case-law
    • I ZB 31/22
      case-law
  6. Date not availableCzech Republic

    Date not availableCzech Republic

    Decision of the Prague High Court on the appeal against the Prague Municipal Court judgment

    Prague High Court

    Decision summary
    The direct judgment identifies Respondent's appeal against the Prague Municipal Court judgment dismissing the application to set aside the Czech arbitral award.

    Supporting details

    1 participant
    Respondent
    Prague High Court

Matter record

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Applicant v Respondent (Bavarian Supreme Regional Court 102 Sch 104/25) · Matter

Applicant v Respondent (Bavarian Supreme Regional Court 102 Sch 104/25)