German Federal Court of Justice No Longer Permits The Recognition And Enforcement Of Foreign Judgments Entered Upon Arbitral Awards

October 2009
MEALEY’S International Arbitration Report
Markus Burianski

DOWNLOAD PDF: German Federal Court of Justice No Longer Permits The Recognition And Enforcement Of Foreign Judgments Entered Upon Arbitral Awards

Germany will no longer recognize or enforce foreign judgments that confirm arbitral awards, thanks to a 2 July 2009 decision by the German Federal Court of Justice. As a result, foreign creditors can now enforce a foreign arbitral award in Germany only in accordance with the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). Despite their reduced options, creditors should have little difficulty enforcing foreign arbitral awards since German courts are very permissive regarding the recognition of these awards. Click on "Download PDF" above for the full text of the article.