Arbitral Digest

Matter

Applicant v X GmbH (Higher Regional Court Frankfurt am Main 32 Sch 2/26)

Anonymous Japanese medical-diagnostics manufacturer and X GmbH dispute an ICC award concerning the manufacture and supply of in-vitro diagnostic equipment, with related insolvency, Japanese set-aside, and German recognition and enforcement proceedings.

  • International commercial arbitration
  • Recognition and enforcement of arbitral awards
  • Cross-border insolvency
  • New York Convention
  • Jurisdiction and arbitration agreements
  • Public policy
  • Choice of law
Seat
Japan
Industry type
Manufacturing
Applicable rules
ICC Arbitration Rules 2021
Substantive governing law
Japanese law

Procedural record

  1. 3 April 2025Japan

    3 April 2025Japan

    ICC Arbitral Award

    International Chamber of Commerce

    Decision summary
    The tribunal found that X GmbH breached specified provisions of the parties' manufacture and supply, quality assurance, and service agreements, ordered it to pay JPY 5,821,000,000 plus interest, USD 309,000 in arbitration costs, JPY 54,454,648 and USD 2,067,115.38 in legal costs plus interest, and allocated the parties' remaining costs; it also ordered the applicant to pay X GmbH USD 556,440 plus interest.

    Participants

    Applicant
    X GmbH
    International Chamber of Commerce
    Arbitrator
    A
    Arbitrator
    B
    Arbitrator
    C

    1 year, 4 months and 11 days later · 498 days

  2. 14 August 2026Germany

    14 August 2026Germany

    Decision of the Higher Regional Court Frankfurt am Main in the case 32 Sch 2/26 dated 14 August 2026

    Higher Regional Court Frankfurt am Main

    Case no.
    32 Sch 2/26
    Citation
    ECLI:DE:OLGHE:2026:0814.32SCH2.26.00
    Decision summary
    The Higher Regional Court Frankfurt am Main declared the ICC award enforceable in Germany and ordered the insolvency administrator to bear the costs. It held that the award was not precluded by alleged procedural, reasoning, public-policy, cost-allocation, manifest-error, or arbitration-agreement defects.

    Participants

    Applicant
    X GmbH
    Higher Regional Court Frankfurt am Main
    Other
    Insolvency office holder
    Insolvency administrator

    Authorities cited

    7
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention of 10 June 1958)
      treaty
    • German Code of Civil Procedure
      statute
    • German Insolvency Code
      statute
    • German Court Fees Act
      statute
    • Basic Law for the Federal Republic of Germany
      constitution
    • Japanese Civil Code, Articles 95, 126 and 416
      statute
    • Cable Connection, Inc. v. DIRECTV, Inc. (190 P.3d 586 (Cal. 2008))
      case-law

Matter record

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Applicant v X GmbH (Higher Regional Court Frankfurt am Main 32 Sch 2/26) · Matter