Danish Buyer v. German Seller
Germany Court of Appeal
4 Y.B. Comm. Arb. 258 (1979)
- Written by Whitney Waldenberg, JD
Facts
A Danish buyer (plaintiff) and a German seller (defendant) entered into a contract that contained an arbitration clause. A dispute arose, which the parties submitted to the Copenhagen Arbitration Committee for Grain and Feed Stuff Trade. The parties were provided a list of potential arbitrators, but they were never notified which arbitrators were actually appointed to the arbitration panel. The arbitral tribunal issued an award in favor of the Danish buyer. However, the award did not disclose the identity of the arbitrators who decided the dispute. The Danish buyer sought enforcement of the award in German court. The Danish buyer submitted a copy of the award that did not contain the signatures of the arbitrators. The Germany Court of First Instance refused to enforce the award because the identities of the arbitrators were not disclosed to the parties. The Danish buyer appealed to the German Court of Appeal in Cologne.
Rule of Law
Issue
Holding and Reasoning ()
What to do next…
Here's why 810,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
