Arbitral Digest

Matter

Applicant v Respondent (Bavarian Supreme Regional Court 101 Sch 45/24 e)

Seat
Denmark
Applicable rules
Rules of arbitration adopted by the Board of the Danish Institute of Arbitration
  1. 31 October 2022Denmark

    31 October 2022Denmark

    Separate Award on Reimbursement of the Security Deposit dated 31 October 2022

    Danish Institute of Arbitration

    Decision summary
    The tribunal ordered the Respondent to pay EUR 45,000 to the Applicant within 30 days after receiving the separate award and deferred any decision on the related costs.

    Supporting details

    1 authority · 2 participants
    Applicant
    Respondent
    Danish Institute of Arbitration

    Authorities cited

    1
    • Danish Arbitration Act
      statute

    11 months and 24 days later · 359 days

  2. 25 October 2023Denmark

    25 October 2023Denmark

    Arbitral Award dated 25 October 2023

    Danish Institute of Arbitration

    Decision summary
    The tribunal partially upheld the claim, awarding EUR 170,446.83 and USD 10,000 plus interest, EUR 23,287.50 plus interest for arbitration costs, and DKK 297,301.50 plus interest for legal representation costs; all remaining claims were dismissed.

    Supporting details

    1 authority · 2 participants
    Applicant
    Respondent
    Danish Institute of Arbitration

    Authorities cited

    1
    • Danish Interest Act
      statute

    4 months and 15 days later · 138 days

  3. 11 March 2024Germany

    11 March 2024Germany

    Referral Decision of the Stuttgart Higher Regional Court dated 11 March 2024

    Stuttgart Higher Regional Court

    Decision summary
    The Stuttgart Higher Regional Court declared itself territorially incompetent and referred the enforcement proceedings concerning the two Danish Institute of Arbitration awards to the Bavarian Supreme Regional Court under section 281 of the German Code of Civil Procedure.

    Supporting details

    2 participants
    Applicant
    Respondent
    Stuttgart Higher Regional Court

    6 months and 20 days later · 204 days

  4. 1 October 2024Germany

    1 October 2024Germany

    Decision of the Bavarian Supreme Regional Court in the case 101 Sch 45/24 e dated 1 October 2024

    Bavarian Supreme Regional Court

    Citation
    101 Sch 45/24 e
    Decision summary
    The Bavarian Supreme Regional Court declared enforceable the Danish Institute of Arbitration awards dated 31 October 2022 and 25 October 2023. It rejected objections concerning jurisdiction, notice, the right to be heard, procedural equality, public policy, and formal service, ordered the Respondent to bear the enforcement-proceeding costs, and made the decision provisionally enforceable.

    Supporting details

    14 authorities · 4 participants
    Applicant
    Respondent
    Representative
    Lawyer W. (For: Respondent)
    Representative
    Lawyer H. (For: Respondent)
    Bavarian Supreme Regional Court

    Authorities cited

    14
    • United Nations New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (UNÜ, Article V(2)(b))
      statute
    • German Code of Civil Procedure (ZPO, section 1061(1))
      statute
    • German Basic Law (GG, Article 103(1))
      statute
    • Danish Arbitration Act
      statute
    • Danish Interest Act
      statute
    • German Federal Court of Justice Order dated 21 April 2022 (I ZB 36/21)
      case-law
    • German Federal Court of Justice Order dated 9 December 2021 (I ZB 21/21)
      case-law
    • Bavarian Supreme Regional Court decision (101 Sch 116/23 e)
      case-law
    • German Federal Court of Justice decision (III ZB 83/07)
      case-law
    • Bavarian Supreme Regional Court decision (34 Sch 32/19)
      case-law
    • German Federal Court of Justice decision (IX ZB 61/16)
      case-law
    • German Federal Court of Justice Order dated 6 October 2016 (I ZB 13/15)
      case-law
    • German Federal Court of Justice decision (III ZB 19/11)
      case-law
    • German Federal Court of Justice decision (I ZB 33/22)
      case-law
  5. Date not availableDenmark

    Date not availableDenmark

    Procedural Order No. 1

    Danish Institute of Arbitration

    Supporting details

    2 participants
    Applicant
    Respondent
    Danish Institute of Arbitration

Matter record

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Applicant v Respondent (Bavarian Supreme Regional Court 101 Sch 45/24 e) · Matter