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Germany - Decision of the Berlin Higher Regional Court (Kammergericht) rendered in 1999 in case 28 Sch 17/99 - (SAR) 2000 -2

 
Price:
$35.00
Page Count: 14
Published: 2000
Media Desc: 1 PDF Version from "Stockholm Arbitration Reporter"
File Size: 41KB
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Description

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Stockholm Arbitration Report (SAR) - (Individual Back Volumes)
Stockholm Arbitration Report (SAR) - (Individual Back Issue)


 Preview Page SAR 2000 - 2

 

 

Subject-matters:

Construction of an arbitration agreement; Reference to a non-existing

German arbitration institution.

Findings:

By referring to “arbitration in accordance with the Arbitration Rules of

the German Central Chamber of Commerce” (“Schiedsregeln der

deutschen zentralen Handelskammer”), the parties had made it clear that

they wanted to submit their disputes to arbitral proceedings administered

by an arbitration institution set up by the German Chambers of Industry

and Commerce. This must be interpreted as meaning the German

Institution of Arbitration (“DIS”).

Parties: X (Turkey) Y (Denmark)

Place of arbitration: Germany

Place of court procedure: Germany

The Decision was published in Betriebsberater, Recht und Praxis der

Schiedsgerichtsbarkeit (RPS), Beilage 8 zu Heft 37/2000, Heidelberg,

Germany, 2. Halbjahr, page 13.

SUMMARY

In 1999, X, a Turkish company, started arbitral proceedings against Y, a

Danish company, with the German Institution of Arbitration (“DIS” –

Deutsche Institution für Schiedsgerichtsbarkeit), based on an arbitration

agreement contained in a contract concluded by the parties in May 1998.