Matter
Claimant 1 and Claimant 2 v Respondent (CIETAC Proceedings 1 and 2; Bavarian Supreme Regional Court, 26 June 2024)
- 16 January 2023China
16 January 2023China
CIETAC Award dated 16 January 2023 (Proceeding 1)
China International Economic and Trade Arbitration Commission
- Decision summary
- The award ordered Respondent to pay Claimant 1 CNY 2,055,358.86 as compensation for breach of contract, CNY 200,000 for arbitration legal costs, and CNY 246,217.21 for arbitration costs; the remaining claims were dismissed.
Supporting details
5 participantsClaimant 1
Respondent
China International Economic and Trade Arbitration Commission
- Arbitrator
- Presiding arbitrator … (Proceeding 1)
- Arbitrator
- Arbitrator … (Proceeding 1)
- Arbitrator
- Arbitrator … (Proceeding 1)
- 16 January 2023China
16 January 2023China
CIETAC Award dated 16 January 2023 (Proceeding 2)
China International Economic and Trade Arbitration Commission
- Decision summary
- The award cancelled the contract, ordered Respondent to dismantle and remove the supplied equipment at its own cost, and ordered payment to Claimant 2 of CNY 11,026,517.87 plus 4.75% annual interest from 13 January 2020, CNY 2,540,592.56 and CNY 3,920,373.07 in damages, CNY 697,506.60 in legal and related costs, and CNY 372,904 in arbitration costs; the remaining claims were dismissed.
Supporting details
6 participantsClaimant 2
- Expert
- … Service Center (For: Claimant 2)
Respondent
China International Economic and Trade Arbitration Commission
- Arbitrator
- Presiding arbitrator … (Proceeding 2)
- Arbitrator
- Arbitrator … (Proceeding 2)
- Arbitrator
- Arbitrator … (Proceeding 2)
3 months and 2 days later · 92 days
- 18 April 2023Germany
18 April 2023Germany
Order of the Munich Higher Regional Court dated 18 April 2023
Munich Higher Regional Court
- Decision summary
- The Munich Higher Regional Court transferred the applications to enforce the two CIETAC awards to the Bavarian Supreme Regional Court for jurisdictional reasons.
1 year, 2 months and 8 days later · 435 days
- 26 June 2024Germany
26 June 2024Germany
Decision of the Bavarian Supreme Regional Court dated 26 June 2024
Bavarian Supreme Regional Court
- Decision summary
- The Bavarian Supreme Regional Court declared the favorable portions of both CIETAC awards enforceable in Germany. It rejected objections concerning the arbitration agreements, the right to be heard, ordre public, contractual penalties, and the prohibition on review of the merits; Respondent was ordered to pay the enforcement-proceeding costs, and the order was declared provisionally enforceable.
Supporting details
22 authorities · 4 participants- Application
- Application to enforce the CIETAC award in Proceeding 1 — Granted
- Application
- Application to enforce the CIETAC award in Proceeding 2 — Granted
Claimant 1
Claimant 2
- Expert
- … Service Center (For: Claimant 2)
Respondent
Bavarian Supreme Regional Court